Akram Ali Vs the State of Assam

The instant interlocutory application is preferred by the applicant with a prayer to extend the operation of an Order dated 20.02.2024 passed earlier in a criminal petition, Criminal Petition no. 129/2024 preferred by the petitioner.

It is noticed that the petitioner had earlier approached this Court invoking the inherent powers under Section 482, Code of Criminal Procedure, 1973 to seek quashing of an Order dated 03.11.2022 and the subsequent Orders passed by the Court of learned Special Judge, North Salmara, Abhayapuri [‘the Special Court’, for short] in the course of the proceedings of Special [P] Case no. 78[J]/2022.

The occasion to approach the Court earlier arose when the Special Court by Orders, dated 03.11.2022, 16.12.2022, 10.02.2023, 30.03.2023, 22.05.2023, 06.07.2023, 23.08.2023, 10.10.2023 and 15.12.2023, issued non-bailable warrants of arrest [NBWAs] to secure the appearance of the petitioner in the proceedings of Special [P] Case no. 78[J]/2022 after submission of a charge sheet against the petitioner for standing in the trial for the offences under Section 6, Protection of Children from Sexual Offences Act, 2012 and Section 376 and Section 365 of the Indian Penal Code [IPC].

The criminal petition, Criminal Petition no. 129/2024 was disposed of on 20.02.2024. It appears that this Court to facilitate an expeditious conclusion of the trial of Special [P] Case no. 78[J]/2022, had allowed the petitioner a period of 10 [ten] days from 20.02.2024 to appear before the Special Court by keeping in abeyance the non-bailable warrants of arrest [NBWAs] issued against him by the Special Court. Liberty was also granted to the petitioner to prefer an application upon his appearance within 10 [ten] days from 20.02.2024 seeking

Page No.# 3/3

bail with the observation that in the event of filing an application for bail, the Special Court would consider as per provisions of law.

The instant interlocutory application is preferred on the ground that the petitioner could not appear before the Special Court in obedience to the direction made in the Order dated 20.02.2024.

It is projected that during the period from 20.02.2024 till date, he was suffering from health related issues [chronic low back pain and left leg pain]. It is stated that during the period, the petitioner was under treatment. In support of such contention, the petitioner has annexed a nos. of prescriptions and a Medical Certificate issued by Medical Officer, Bijni State Dispensary on 21.05.2025.

On perusal of the said Medical Certificate, it is noticed that the petitioner was found to be suffering from chronic low back pain only from 12.08.2024. There is no explanation as to why the petitioner did not appear before the Special Court during the period from 20.02.2024 to 12.08.2024. The petitioner made an understanding to appear before the Special Court within a period of 10 [ten] days from 20.02.2024.

Having regard to the above fact situation emerging from the materials on record, the instant interlocutory application is found to be not merited and the same is dismissed.

JUDGE

¶30

Comparing Assistant

Akram Ali v. the State of Assam