Prashanta Kumar Saha v. The State of Assam and Anr

ORDER Date : 12.08.2024 Heard Mr. J. Roy, learned senior counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying for quashing the orders passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, Assam in N.I. Case No.36/2010, whereby non-bailable warrant of arrest was issued against the present petitioner.

¶3I have considered the submissions made by the learned counsel of both the sides.

¶4Because of change of address at the initial stage, summons was not served upon the present petitioner. The court took an opinion that the petitioner must have gone out of the station to avoid the trial of the case.

¶5The petitioner now submits that he wants to face the trial and apprehends that if he appears before the Trial Court, he will be remanded to custody.

¶6After considering the circumstances leading to filing of the present petitioner, this Court is of the opinion that the petitioner deserves to be given an opportunity to face the trial. Page No.# 3/3

¶7Therefore, the prayer of the petitioner is allowed. The orders issuing non-bailable warrant of arrest against the petitioner is set aside.

¶8The petitioner Prashanta Kumar Saha is directed to appear before the Court of learned Additional Chief Judicial Magistrate, Cachar, Silchar, Assam on 21.08.2024. On appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Trial Court.

¶9The present petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010158432024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./953/2024o PRASHANTAoKUMARoSAHAo S/OoSRIoPRABIRoKUMARoSAHAo R/OoNURSINGoROADo(WEST)o AMBICAPATTY,oSILCHARoTOWN,o P.O.oSILCHAR,oP.S.oSILCHARo(SADAR),oDIST.oCACHAR,oASSAM,o oPIN-788004o ALTERNATEoADDRESS-o C/OoMR.oMUAoKHAMDANGo VILL-oMOKLUMBAoBASTIo DIST.oMOKOKCHUNGo NAGALAND,oKOHIMA,oPIN-o798604 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoLEARNEDoPP,oASSAM 2:G.H.P.oINFRASTRUCTUREoPVT.oLTD. oREPRESENTEDoBYoITSoDIECOR o SRIoGAURAVoPAUL o S/OoLATEoGANESHoPAUL o R/OoGOPALGANJ oSILCHAR o P.O.oSILCHARo(SADAR)o ASSAM oPINoNO.o78800o AdvocateoforotheoPetitionerooooo:oMR.oJYOTIRMOYoROY,oMR.oSoSARMA,BoSAHA,MR.oJAYANTAo Page No.# 2/3 ROY,MR B P SARMAH,MR D DAS,MR. C CHAKRAVARTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA