Bijay Kr Singh Vs the State of Assam and Anr.

Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the State, being respondent No. 1.

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2. This petition, under Section 528 of the BNSS, is preferred by the petitioner

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challenging the orders dated 05.04.2018; 15.06.2018; 29.02.2020; and all subsequent orders, passed by the learned Additional Chief Judicial Magistrate, Bongaigaon (trial court hereinafter), in NICR Case No. 12/2016.

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3. It is to be noted here that vide impugned orders, the learned trial court had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) as well as proclamation and attachment against the petitioner herein.

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4. Mr. Biswas, learned counsel for the petitioner, submits that the petitioner herein is the accused in NICR Case No. 12/2016. Mr. Biswas further submits that for quite sometimes, the case was filed and that during the pendency of the case, the petitioner left for Bihar due to his father’s illness and after four years, the case was revived and thereafter, the vide impugned orders, NBWA as well as proclamation and attachment were issued against him.

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4.1. Mr. Biswas further submits that the petitioner is ready to face the trial and he had already paid Rs. 5,15,000/- out of 9,50,000/- and that he is ready to pay the remaining cheque amount to the respondent No. 2 herein and therefore, he may be allowed to participate in the aforementioned proceeding.

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5. But, Mr. Sarma, learned Additional Public Prosecutor, has opposed this petition on the ground that for quite long time the petitioner herein remained absent before the learned trial court, without step for which NBWA and P&A were issued against him.

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6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also gone through the impugned orders, passed by the learned trial court.

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7. It appears that vide impugned orders, the learned trial court had issued NBWA as well as proclamation and attachment against the petitioner herein.

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8. However, considering the submission of Mr. Biswas, learned counsel for the petitioner, that the petitioner is ready to face the trial and he will pay the remaining cheque amount and also considering the fact that he has already paid a sum of Rs. 5,15,000/- out of Rs. 9,50,000/-, to the respondent No. 2, this Court is inclined to dispose of this petition at this motion stage itself, by directing the petitioner to appear before the learned trial court on 21.08.2026 and to apply for regular fail and in the event of filing such an application, the learned trial court shall consider the same in accordance with law.

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9. Till then, the NBWA as well as the proclamation and attachment, issued against the petitioner herein, shall be kept in abeyance.

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JUDGE

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Comparing Assistant

Bijay Kr Singh v. the State of Assam and Anr.

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Bijay Kr Singh v. the State of Assam and Anr.

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