Sri Raju Borah v. the State of Assam

Gauhati HC7 Aug 2025Crl.Pet./954/2025

Case brief

AI extract

What is this about?

Crl.Pet./954/2025; Gauhati High Court; decided 08.08.2025 by Manish Choudhury, J.; NBWAs kept in abeyance for 15 days to enable accused to appear before Trial Court; G.R. Case no. 6778/2017; Gorchuk Police Station Case no. 200/2017; Sections 431/325/384/34 IPC; FIR dated 22.05.2017; non-execution of BWAs/NBWAs; non-service of summons; undertaking to appear and submit to jurisdiction; bail application on appearance to be considered on merits; petition disposed, no cost.

What did the court decide?

NBWAs issued against the petitioner kept in abeyance for 15 days; petitioner directed to appear before the Trial Court within 15 days; any bail application filed upon appearance to be considered by the Trial Court on its own merits and in accordance with law; criminal petition disposed with no cost. ¶¶30

Sri Raju Borah Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Non-Bailable Warrants of Arrest issued against the petitioner in G.R. Case no. 6778/2017 should be kept in abeyance to enable him to appear before the Trial Court and submit to its jurisdiction.

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Court's answer

In the interest of justice, the NBWAs issued against the petitioner are kept in abeyance for a period of 15 days from the date of the order, so that the petitioner can appear before the Trial Court and submit to its jurisdiction without the apprehension of being taken into custody in execution of the NBWA in the meantime.

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Ratio / Principle

The petitioner shall appear before the Trial Court within 15 days; if, upon such appearance, he submits an application for bail, the Trial Court shall consider the same on its own merits and in accordance with law.

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Detailed headnote1 paragraphs

Gauhati High Court (Manish Choudhury, J.), order dated 08.08.2025 in Crl.Pet./954/2025: The petitioner, a charge-sheeted accused in G.R. Case no. 6778/2017 (Gorchuk Police Station Case no. 200/2017 under Sections 431/325/384/34 IPC, arising from an FIR dated 22.05.2017), was released on bail on 22.06.2017 but did not appear before the Trial Court; BWAs and NBWAs issued against him went unexecuted, and on 04.04.2025 the Trial Court directed the OIC, Nagaon Police Station to show cause for non-execution and issued fresh NBWAs. The petitioner asserted non-service of summons and lack of knowledge of the warrants, and undertook to appear before the Trial Court. Observing that expeditious conclusion of the proceedings was necessary in the interest of the prosecution, the witnesses and the accused persons, the Court directed that the NBWAs issued against the petitioner be kept in abeyance for 15 days so that he could appear and submit to the jurisdiction of the Trial Court without apprehension of arrest in the meantime; the petitioner was to appear within 15 days, and any bail application filed upon appearance was to be considered by the Trial Court on its own merits and in accordance with law. Criminal petition disposed. No cost.

Page No.# 1/4

GAHC010172512025

2025:GAU-AS:10500

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./954/2025

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SRI RAJU BORAH

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SON OF INDRA KANTA BORA,

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R/O MIKIR PAR URIA GAON, NEAR NAMGHAR, NONOI, NAGAON, ASSAM, PIN-782101.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. D P BORAH, MR B PAUL,MR. T K BORA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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08.08.2025

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Heard Mr. D.P. Borah, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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In a First Information Report [FIR] lodged on 22.05.2017 before the Officer In-Charge, Gorchuk Police Station by one Dilip Kalita, allegations were made that the informant’s friend,

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Dipen Kalita was seriously injured by a nos. of persons and snatched away valuables from them in an incident on 21.05.2017. The said FIR was registered as Gorchuk Police Station Case no. 200/2017 under Sections 431/325/384/34, Indian Penal Code [IPC]. In the course of investigation, the petitioner and two other accused persons, namely, Joydeep Das and Jalil Ali were arrested and they were forwarded to the Court of Chief Judicial Magistrate, Kamrup [M], Guwahati on 26.05.2017. On completion of the investigation, the charge-sheet in connection with Gorchuk Police Station Case no. 200/2017 was submitted by the Investigating Officer [I.O.] on 19.06.2017 vide Charge-Sheet no. 19/2017. Subsequently, all the three accused persons including the petitioner were allowed to go on bail of Rs. 10,000/- each with local surety of the like amount by an order dated 22.06.2017. The bail bonds were furnished on 29.06.2017 and the same were accepted.

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After submission of charge-sheet, the proceedings of G.R. Case no. 6778/2017 [corresponding Gorchuk Police Station Case no. 200/2017] had started before the Court of Judicial Magistrate, First Class, Kamrup [M], Guwahati [‘the Trial Court’] with issuance of summons to the accused persons. On receipt of summons, other two accused persons appeared before the Trial Court. In so far as the Bailable Warrant of Arrest [BWA] issued against the petitioner, a report was placed on 04.02.2019 to the effect that BWA issued against the petitioner had returned with a report that the petitioner could not be traced at the given address. On the basis of the said report, the Trial Court ordered issuance of NonBailable Warrant of Arrest [NBWA] against the petitioner. By subsequent orders, the Trial Court issued NBWA against the petitioner. When the case was posted on 04.04.2025, the Trial Court directed the Officer In-Charge, Nagaon Police Station to appear in person before the Court to show cause as to why necessary action shall not be taken against him for nonexecution of the NBWAs issued against the petitioner. The Court also ordered issuance of fresh NBWAs against the petitioner.

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It is stated at the bar that the next date of the case is fixed on 15.09.2025.

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The petitioner has projected that the summons issued by the Trial Court was never received by him. It is submitted by the petitioner that the occurrence of the incident was at

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Guwahati and subsequently, the petitioner shifted to his original residence at Nagaon. But at the Nagaon residence also, BWAs as well as NBWAs were never executed and he had no knowledge of the issuance of the same. Notwithstanding the same, the petitioner has now submitted that he is ready and willing to participate in the proceedings of G.R. Case no. 6778/2017 by submitting himself to the jurisdiction of the Trial Court. He has also undertaken that there will be no default in appearance on his part henceforth.

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The FIR was lodged in the year 2017 and the Charge-Sheet was submitted also in the year 2017. The proceedings of G.R. Case no. 6778/2017 is pending before the Trial Court since then, wherein the other charge-sheeted accused persons are appearing. It is due to non-appearance of the petitioner, the proceedings of G.R. Case no. 6778/2017 has not proceeded further.

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It is in the interest of all stakeholders including the prosecution, the witnesses and the accused persons, an expeditious conclusion of the proceedings of G.R. Case no. 6778/2017 is necessary.

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Having regard to the projections made by the petitioner regarding non-service of summons and/or non-execution of BWAs and NBWAs and the undertaking given by the petitioner that he would submit to the jurisdiction of the Trial Court by appearing in person within the stipulated period of time, this Court is of the considered view that in the interest of justice, NBWAs issued against the petitioner can be kept in abeyance for a period of 15 [fifteen] days from today so that the petitioner can appear and submit to the jurisdiction of the Trial Court without the apprehension being taken into custody in execution of the NBWA issued against him in the meantime, to participate in the further proceedings of the G.R. Case no. 6778/2017. It is ordered accordingly.

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The petitioner shall appear before the Trial Court within 15 [fifteen] days from today and during this 15 [fifteen] days period, the NBWAs issued against the petitioner shall be kept in abeyance. It is further observed that if the petitioner upon his appearance within 15 [fifteen] days, submits an application for bail, the Trial Court shall consider the same on its own merits and in accordance with law.

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The criminal petition is disposed in the afore-stated terms. No cost.

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JUDGE

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Comparing Assistant

Procedural history

How this case reached the court

AI extract

Order under challenge
Issuance of Non-Bailable Warrant of Arrest [NBWA] against the petitioner by the Trial Court in G.R. Case no. 6778/2017, including fresh NBWAs, on account of his non-appearance.¶¶20
Court of Judicial Magistrate, First Class, Kamrup [M], Guwahati (the Trial Court)
Prior proceeding
FIR lodged on 22.05.2017 before the Officer In-Charge, Gorchuk Police Station by Dilip Kalita alleging that his friend Dipen Kalita was seriously injured and valuables snatched in an incident on 21.05.2017.¶¶17
Prior proceeding
FIR registered as Gorchuk Police Station Case no. 200/2017 under Sections 431/325/384/34, Indian Penal Code [IPC].¶¶19
Prior proceeding
Petitioner and co-accused Joydeep Das and Jalil Ali arrested during investigation and forwarded to the Court of Chief Judicial Magistrate, Kamrup [M], Guwahati on 26.05.2017.¶¶19
Prior proceeding
Charge-Sheet no. 19/2017 in Gorchuk Police Station Case no. 200/2017 submitted by the Investigating Officer on 19.06.2017.¶¶19
Prior proceeding
All three accused persons, including the petitioner, allowed bail of Rs. 10,000/- each with local surety of the like amount by order dated 22.06.2017.¶¶19
Prior proceeding
Bail bonds furnished and accepted on 29.06.2017.¶¶19
Prior proceeding
Proceedings of G.R. Case no. 6778/2017 (corresponding to Gorchuk Police Station Case no. 200/2017) started before the Court of Judicial Magistrate, First Class, Kamrup [M], Guwahati with issuance of summons to the accused.¶¶20
Prior proceeding
Report placed on 04.02.2019 that the BWA issued against the petitioner had returned unexecuted as he could not be traced at the given address; on that basis the Trial Court ordered issuance of NBWA against the petitioner.¶¶20
Prior proceeding
When the case was posted on 04.04.2025, the Trial Court directed the Officer In-Charge, Nagaon Police Station to appear in person to show cause for non-execution of the NBWAs and ordered issuance of fresh NBWAs against the petitioner.¶¶20
Prior proceeding
Petitioner projected non-service of summons and non-execution of BWAs/NBWAs, and undertook to appear before the Trial Court in G.R. Case no. 6778/2017 with no default in appearance henceforth.¶¶24
Prior proceeding
Stated at the bar that the next date before the Trial Court is fixed on 15.09.2025.¶¶21

Sri Raju Borah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sri Raju Borah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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