Md Sorowar Hussain @ Md Chowruddin Ali v. The State of Assam and Anr

ORDER

04.03.2024 Heard Mr. S.M. Mollah, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, appearing for the State of Assam. This criminal petition has been registered on filing of an application under Section 482 of the Code of Criminal Procedure, 1973 praying for interfering with the order dated 07.02.2024 passed in Sessions Case No. 124/2019 (corresponding to Hajo P.S. Case No. 552/2019 registered under Section 368 of the Indian Penal Code, now pending in the Court of learned Sessions Judge, Kamrup (R), Amingaon, whereby the non-bailable warrant of arrest was issued against the present petitioner and the order for proclamation and attachment of the petitioner was issued. The case of the prosecution is that the petitioner had kidnapped a minor daughter of the informant and on the basis of this an FIR was lodged against him which is registered as Hajo P.S. Case No. 552/2019. Pursuant to completion of investigation, charge-sheet was submitted and the matter was transferred to the court of learned Sessions Judge, Kamrup (R), at Amingaon, where trial commenced. The petitioner was consequently absent for few appearances, for which non-bailable warrant of arrest was issued and consequently, proclamation and attachment of the petitioner was also issued. Mr. S.M. Mollah, learned counsel for the petitioner, submits that the petitioner is willing to co-operate in the trial and assures to appear on the next date, i.e. on 28.03.2024. Page No.# 3/3 Mr. K.K. Das, learned Additional Public Prosecutor strongly opposes the prayer in the instant petition and further submits that proclamation and attachment of the petitioner was also issued. I have heard the submissions at the bar and perused the materials available on record. In view of the submissions made by the learned counsel for the petitioner to the effect that the petitioner is willing and ready to appear before the next date, i.e. 28.03.2024, this court if of the considered opinion that this petition can be disposed of with the direction that the accused petitioner shall appear on the next date, i.e. on 28.03.2024 before the court of learned Sessions Judge, Kamrup (R), at Amingaon, Guwahati and till then, the petitioner shall not be arrested. In view of the said direction, the order dated 07.02.2024 is accordingly kept in abeyance. With the above observations, the instant Criminal Petition is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010044132024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./237/2024o MDoSOROWARoHUSSAINo@oMDoCHOWRUDDINoALIo S/O-oMD.oASMAToALI,oR/O-oBANGALoPARA,oP.S.oHAJO,oDISTRICT-oKAMRUPo (R),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoP.P.,oASSAM 2:MD.oIBRAHIMoALI oS/O-oMD.oYASINoALI oR/O-oTAPABORI oSOMRARIoBAZAR oP.S.oHAJO oDISTRICT-oKAMRUPo(R) oASSAo AdvocateoforotheoPetitionerooooo:oMR.oSoMoMOLLAHo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI