Baharul Islam Laskar v. The State of Assam and Anr

ORDER

30.08.2024

¶1Heard learned counsel Mr. A. M. S. Majumder for the petitioner Baharul Islam Laskar.

¶2This application has been filed by the petitioner under Section 528 of the BNSS, 2023 read with Sections 438/442 and read with Article 227 of the Constitution of India with prayer for quashing and setting aside the orders issued by the NBWA dated 07.03.2024, 01.06.2024 and 30.07.2024 passed by the learned Additional Chief Judicial Magistrate, Kamrup, (M).

¶3Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has accepted notice on behalf of respondent No. 1 and thus no formal notice is required to be issued.

¶5It is submitted on behalf of the petitioner that the petitioner is facing trail in connection with NI Case No. 2609c/2023. The petitioner was absent on previous 3 dates. The petitioner sought adjournment for his absence. On the 3rd date, NBWA was issued against the petitioner. The petitioner is highly prejudiced as Page No.# 3/3 he was in Hyderabad at that time, and he sought for adjournment but the NBWA was issued against him despite the fact that he was unable to appear before the Trial Court as he was in Hyderabad.

¶6I have considered the submissions at the Bar. The petitioner is willing to co-operate with the trial.

¶7I have taken a pragmatic view. It is not necessary to keep this case pending. Thereby, the petitioner is directed to appear before the Trial Court within 15 days and face the trial.

¶8Meanwhile, the NBWA issued against the petitioner is kept in abeyance for 15 days.

¶9In terms of the above observation, petitions stands disposed of. JUDGE Comparing Assistant

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