Piyar Ali and Anr v. The State of Assam and Anr

ORDER Date : 16-02-2024 Heard Mr. K.K. Handique, learned counsel for the petitioners Piyar Ali and Mukesh Ali.

¶2The petitioners have filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) in connection with GR Case No. 393/2014 arising out of Kayan Police Station Case N. 29/2014 registered under Sections 447/379/436 of the Indian Penal Code. Vide order dated 28.11.2017 by the learned Sub-Divisional Judicial Magistrate, Rangia in GR Case No. 393/2014, NBWA was issued against them.

¶3It is submitted that the accused persons are not aware that NBWA was issued against them. The petitioners are willing to cooperate with the trial.

¶4Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent State. The learned Additional Public Prosecutor has accepted notice on behalf of the respondent No. 1, so no formal notice is required to be issued. However, sufficient copies of the petition be furnished during the course of the day.

¶5I have considered the submissions at the bar. It is true that this case has been procrastinated due to the failure of the petitioner to appear before the trial Court and cooperate with the trial. However, I have taken a pragmatic view that the trial has to progress. The accused persons are willing to cooperate with the trial. It is also submitted that the accused persons were in Kerala and they were not aware that the case has been pending for a prolonged period. Page No.# 3/3

¶6Considering all aspects, NBWA issued against the petitioners are kept in abeyance for fifteen days. The petitioners are directed to appear before the learned trial Court and cooperate with the trial and apply for bail, which may be considered by the Court as per law.

In the above terms this Criminal Petition stands disposed of.

JUDGE Comparing Assistant

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