Alphius Chinthong @ Alphaious Chingthong v. The State of Assam

ORDER

21.02.2024

Heard Mr. D. Gogoi, learned counsel for the petitioner and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. By this application under Section 482 Cr.P.C., the petitioner has prayed for setting aside and quashing the order dated 19.08.2023 passed by the Special Judge, West Karbi Anglong at Hamren in NDPS Case No. 08/2022. It is submitted by the learned counsel for the petitioner that only one Page No.# 2/2 date i.e. on 19.08.2023, the petitioner remained absent before the Court and warrant of arrest was issued against him. On earlier occasion, the petitioner was attending the court regularly and prayed that considering the mater involved in the case, warrant of arrest against the petitioner may be set adide. On the other hand, learned Additional Public Prosecutor has made no objection on the prayer of the petitioner. In view of above and considering the fact that only one date the accused petitioner remained absent i.e. on 19.08.2022 and on earlier occasion he was attending the court regularly, the order dated 19.08.2023 along with subsequent orders issuing NBWA is hereby set aside. However, the petitioner is directed to regularly attend the court henceforth. Accordingly, this criminal petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010031472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./196/2024 ALPHIUS CHINTHONG @ ALPHAIOUS CHINGTHONG S/O SRI MAHENNYA CHINTHONG, R/O DONKAMUKAM, PWD COLONY, P.S. BAITHALANGSO, DIST. WEST KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI