Sultan Ali and 2 Ors v. The State of Assam

ORDER Date : 24.06.2024

¶1Heard Mr. M. J. Quadir, learned counsel for the petitioners. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State Respondent.

¶2This Criminal Petition has been registered on filing of an application under Section 482 of the Code of Criminal Procedure, Code 1973, by the petitioners, namely, (1) Sultan Ali, (2) Abdul Hasen @ Hasen Ali, and (3) Sohidul Islam, impugning the order dated 08.03.2016 and subsequent orders passed by the learned Additional Chief Judicial Magistrate, Morigaon in G. R. Case No. 2260/2014 whereby non-bailable warrant of arrest issued against the above named petitioners.

¶3The learned counsel for the petitioners has submitted that in the instant case, the charge sheet was laid against eight accused persons including the present petitioners. The name of the petitioners were shown as absconder in the charge sheet. However, the Trial Court had issued summons to them.

¶4The learned counsel for the petitioners has submitted that on the last occasion when the summon were issued to the above named petitioners was on

20.11.2015, however, thereafter, on 08.03.2016, without verifying due service of the summons issued to the present petitioners, learned Additional Chief Judicial Magistrate, Morigaon issued non-bailable warrant against the above named petitioner, and thereafter, in due course also issued orders of proclamation Page No.# 3/4 proclaiming them as absconder and orders of attachment of their properties.

¶5The learned counsel for the petitioners has submitted that as no summons were served on the present petitioners, they were not aware about the pendency of the case against them before the Court of learned Additional Chief Judicial Magistrate, Morigaon and they are ready to cooperate in the trial and appear before the Trial Court on the next date fixed on 25.06.2024.

¶6Learned Additional Public Prosecutor also submits that the record shows that without verifying due service of summons on the above named petitioners, the non-bailable warrant of arrest were issued as appears from the records, which are annexed along with the Criminal Petition.

¶7The Trial Court ought to have ensure due service of summons issued to the petitioners before issuing non-bailable warrant to them.

¶8Under such circumstances, this Court disposes of this Criminal Petition with a direction to the above named petitioners to appear before the Trial Court on the next date fixed i.e. 25.06.2024 and to facilitate such an appearance before the Trial Court the operation of non-bailable warrant against the above named petitioners shall remain suspended till that date.

¶9On his appearance before the learned Additional Chief Judicial Magistrate, Morigaon, the petitioners may pray for any relief to which he is legally entitled. Page No.# 4/4

¶10With the above observations, this Criminal Petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010124662024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./721/2024o SULTANoALIoANDo2oORSo S/OoLATEoTAMIRoUDDIN,oVILL-oKUKUARY,oP.O.-KURANI,oP.S.-MAYONG,o DIST-MORIGAON,oASSAM 2:oABDULoHASENo@oHASENoALI oS/OoROHIToMIA oVILL-o1oNOoKHOLABHUIYAN oP.O.-KURANI oP.S.-MAYONG oDIST-oMORIGAON oASSAM 3:oSOHIDULoISLAM oS/OoLATEoTAHARoUDDIN oVILL-oKUKUARY oP.O.-KURANI oP.S.-MAYONG oDIST-MORIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMRoMoJoQUADIRo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA