Shibir Ahmed Choudhury v. The State of Assam and Anr

ORDER

07.08.2024

Heard Mr. S K Roy, learned counsel for the petitioner as well as Mr. D Das, learned Additional Public Prosecutor, Assam. This is an application filed under Section 528 of the BNSS, 2023 by the petitioner, namely, Shibir Ahmed Choudhury, challenging the order dated 14.03.2024 and its subsequent orders passed by the learned Chief Judicial Magistrate, Hojai, Sankardevnagar in N I Case No. 16/2023 directing issue of NBWA against the present petitioner. The petitioner is facing the trial before the court below. On some dates, he was absent in the court. Therefore, the trial court issued NBWA against him. Mr. Roy has submitted that it was the fault of the counsel, who did not take appropriate steps and also did not inform the petitioner. I have considered the submission made by the learned counsel of both sides. The petitioner is directed to appear before the learned Chief Judicial Magistrate, Hojai, Sankardev Nagar on 08.08.2024. On his appearance, the trial court shall release the petitioner on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the trial court. Further, the impugned order dated 14.03.2024 and its subsequent orders passed by the learned Chief Judicial Magistrate, Hojai, Sankardevnagar in N I Case No. 16/2023 directing issue of NBWA against the present petitioner are set aside. With the above, the criminal petition is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010154592024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./909/2024 SHIBIR AHMED CHOUDHURY S/O LATE ABDUL KHALIQUE CHOUDHURY, VILL AND P.O.-NILBAGAN, P.S.-MURAZHAR, DIST- HOJAI (ASSAM), PIN-782445 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:NAZRUL HUSSAIN S/O HABIBAR RAHMAN VILL- NAM DOBOKA GAON P.O.-HINDU BLOCK P.S.-DOBOKA DIST- HOJAI (ASSAM) PIN-78244 Advocate for the Petitioner : MR. S K ROY, S MEDHI,MD K RAHMAN,MRS. M M ROY Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA