Alok Sen @ Swapan Ghosh v. The State of Assam and Anr

ORDER

23.01.2024

This is an application under Section 482 of the Cr.PC for quashing of the Orders dated 06.04.2022, 18.05.2022, 03.08.2022, 03.11.2022, 02.02.2023,

29.04.2023, 11.07.2023, 03.09.2023 and 16.12.2023, whereby the learned Special Judicial Magistrate, Kamrup (Metro), Guwahati has issued NBWA and Proclamation and Arrest against the petitioner in GR Case No. 7769/2014. Heard the counsels for both sides. It is the case of the petitioner that he is presently residing in Kolkata and hence, he did not received the intimation of the dates fixed before the Trial Court. Accordingly, he was absent and the impugned orders were passed. I have considered the submissions made at the bar and had perused the grounds stated in the petition. The learned counsel for the petitioner submits that the petitioner is willing to participate in the proceedings and appear regularly. In view of the aforesaid, in the interest of justice, the impugned Orders dated 06.04.2022, 18.05.2022, 03.08.2022, 03.11.2022, 02.02.2023,

29.04.2023, 11.07.2023 03.09.2023 and 16.12.2023 passed in GR Case No. Page No.# 3/3 7769/2014 are set aside and quashed, subject to the condition that the petitioner shall appear regularly before the Trial Court. As such, the petitioner is directed to appear on 16.03.2024 before the Trial Court failing which, the NBWA issued by the impugned orders will be restored. The petition is accordingly allowed.

JUDGE Comparing Assistant

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