Usman Ali @ Usman Goni and 4 Ors v. The State of Assam and Anr

ORDER Date : 06.06.2023

Heard Mr. G. Uddin, learned counsel appears for the Page No.# 3/5 petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This criminal petition has been filed by the petitioners, namely, 1. Usman Ali @ Usman Goni, Sadiqul Islam, 3. Ribbul Alom @ Ribul Islam, 4. Jamir Uddin and 5. Johirul Islam, aggrieved by the issuance of NBWA by the Court of Sub-Divisional Judicial Magistrate (S), Nagaon vide order dated

29.03.2022 in PRC Case No. 1150/2022.

¶3It is submitted by the learned counsel for the petitioners that the petitioners were shown as absconder in the charge-sheet which is filed but they were always available in their respective residences and they were never called by the police during the course of investigation. As such they were unaware that the charge-sheet has been filed.

¶4It is further submitted that the Court of Sub-Divisional Judicial Magistrate (S), Nagaon had issued NBWA on the first date itself which is contrary to the procedure laid down under Cr.P.C.

¶5Ms. S. H. Borah, learned Additional Public Prosecutor appears for the State of Assam submits that the next date fixed in the matter is shown to be fixed on 10.06.2023 as per the last order dated 03.04.2023 passed by the Court of Sub-Divisional Judicial Magistrate (S), Nagaon. Therefore, the petitioners are directed to appear before the competent Court. Page No.# 4/5

¶6Having heard the learned counsels for the parties and perusal of the records, this Court is of the view that ends of justice will suffice if the petition is disposed of directing the petitioners to appear before the Court of Sub-Divisional Judicial Magistrate (S), Nagaon in connection with PRC Case No. 1150/2022 on the next date fixed i.e. on 10.06.2023. If the petitioners appear before the Court of Sub-Divisional Judicial Magistrate (S), Nagaon in pursuance to this Court's order, the NBWA issued by the Court of Sub-Divisional Judicial Magistrate (S), Nagaon against the petitioners be recalled. The petitioners will, thereafter, file regular bail application which will be considered by the competent Court on its own merit.

¶7This Court is of the view that in the face of law laid down by the Apex Court in Siddharth Vs State of Uttar Pradesh and Anr, reported in (2022) 1 SCC 676 and Judgment dated 20.03.2023 rendered in Mahdoom Bava Vs Ventral Bureau of Investigation in Criminal Appeal No……..of 2023 (Arising out of SLP (Crl) No. 376 of 2023), it is no longer res integra that appearance of the accused persons pursuant to summons being issued do not necessarily in all cases require orders directing the accused to be taken into custody as a matter of course. When the law has already been laid down by the Apex Court, no further orders are necessary to be passed by this Court.

¶8In view of the law laid down by the Apex Court, this criminal Page No.# 5/5 petition is closed directing the petitioners to appear before the Competent Court on 10.06.2023 in connection with PRC Case No. 1150/2022, before the Court of Sub-Divisional Judicial Magistrate (S), Nagaon.

¶9Upon their appearance, the petitioners are at liberty to make necessary prayers before the Competent Court and the Competent Court upon consideration of the matter on its merits and taking into consideration the law laid down by the Apex Court will pass appropriate order. And till such application is disposed of by the Sub-Divisional Judicial Magistrate (S), Nagaon, the NBWA issued against the petitioners shall remain stayed.

¶10This criminal petition is accordingly disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010117872023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./532/2023o USMANoALIo@oUSMANoGONIoANDo4oORSo S/OoLATEoHURMUJoALIo R/OoVILL-oUDHANTALA,o P.O.oDHINGoP.S.oDHING,o DIST.oNAGAON,oASSAM,o PIN-782122 2:oSADIQULoISLAM oS/OoLATEoHURMUJoALIo R/OoVILL-oUDHANTALA o P.O.oDHINGoP.S.oDHING o DIST.oNAGAON oASSAM o PIN-782122 3:oRIBBULoALOMo@oRIBULoISLAM oS/OoJAMIRoUDDINo R/OoVILL-oUDHANTALA o P.O.oDHINGoP.S.oDHING o DIST.oNAGAON oASSAM o PIN-782122 4:oJAMIRoUDDIN oS/OoLATEoMUNSURoALIo R/OoVILL-oUDHANTALA o P.O.oDHINGoP.S.oDHING Page No.# 2/5 DIST. NAGAON ASSAM PIN-782122 5: JOHIRUL ISLAM S/O HABIJ UDDIN R/O VILL- UDHANTALA P.O. DHING P.S. DHING DIST. NAGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM AND ANR REP. BY PP, ASSAM 2:MD. SADDAM HUSSAIN S/O ABUL KASHEM R/O VILL- UDHANTALA P.O. DHING P.S. DHING DIST. NAGAON ASSAM PIN-78212 Advocate for the Petitioner : G UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA