Md Arfan Ali v. The State of Assam and Anr

ORDER

15.02.2024 Heard Mr B Islam, learned counsel for the petitioner, Md Arfan Ali. Page No.# 2/3

¶2The petitioner has filed this application under Section 482 CrPC, read with Section 397 CrPC, seeking quashing and setting aside and modification of the order dated

19.03.2016 and subsequent orders, thereafter, passed by the learned SDJM, Nagaon, Assam, in connection with PRC Case No. 790/2024, under Section 498-A IPC, arising out of Batadrava PS Case No. 16/2014, issuing NBWA against the petitioner

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4The learned Additional Public Prosecutor has accepted notice on behalf of respondent No. 1. So, no formal notice is required to be issued to the respondent No. 1.

¶5It is submitted on behalf of the petitioner that the petitioner was appearing regularly, in connection with the aforementioned case, but he went to Kerala for his livelihood. The case was fixed for argument, but the petitioner was not aware that the next date was fixed for argument, as he was at Kerala. He was also not informed by the learned counsel that NBWA was issued against him.

¶6It is also further submitted that when the petitioner learnt about the warrant being issued against him, he appeared before the learned trial Court and applied for anticipatory bail, which was rejected by the learned trial Court. The petitioner is willing to cooperate with the trial, but as he is apprehending arrest, he has approached this Court, seeking relief.

¶7I have taken a pragmatic view. Page No.# 3/3

¶8This case is pending for a prolonged period.

¶9The petitioner, at present, is willing to cooperate with the trial. The NBWA issued against him is kept in abeyance for 15 days and within 15 days, the petitioner is directed to appear before the learned trial Court and cooperate with the trial. The petitioner may also apply for bail, which may be considered by the learned trial Court, as per law.

¶10Matter is closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010028282024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./160/2024 MD ARFAN ALI S/O SAHED ALI R/O VILL- FOLIHAMARI P.S. BHURAAGAON, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:HASHNARA BEGUM W/O MD. ARFAN ALI D/O KAJIM UDDIN R/O VILL- HAIDUBI P.S. BATADRAVA DIST. NAGAON ASSA Advocate for the Petitioner : MR. J C GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND