Lepthen Sengma v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010189372024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1149/2024o LEPTHENoSENGMAo S/OLATEoSUCHILoMARAKo R/OoVILL-oBORMATIA,oP.S.oDUDHNOIo DIST.oGOALPARA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:GRESHTHAoMARAK oW/OoSRIoLEPTHENoSINGMAo OFoVILL-oBORMATIAo P.S.oDUDHNOI oDIST.oGOALPARA oASSAo AdvocateoforotheoPetitionerooooo:oMR.oAoRAHMAN,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

20.09.2024

Heard Mr. A. Rahman, the learned counsel appearing for the petitioner. I have also heard Ms. S.H. Borah, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 528 of the BNSS, 2023 praying for quashing the order dated 05.09.2018 and other subsequent orders passed by the learned Chief Judicial Magistrate, Goalpara directing issue of non-bailable warrant of arrest against the present petitioner in respect of G.R. No.6000/2018.

¶3The petitioner was charge sheeted in a case under Section 498(A) of the Indian Penal Code. The petitioner submits that he never received summons from the trial court. According to the petitioner, he had engaged one lawyer but in spite of that, the trial court issued non-bailable of warrant of arrest against him.

¶4Now, the petitioner has expressed his intention to face the trial.

¶5Therefore, this Court is of the opinion that the petitioner deserves to be given a chance to face the trial. The orders directing issuance of non-bailable warrant of arrest against the present petitioner is set aside. The petitioner, namely-Lepthen Sengma is directed to appear before the learned Chief Judicial Magistrate, Goalpara on

27.09.2024 and on his appearance he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Goalpara.

¶6The petitioner is also directed to regularly attend the trial. If he makes any default in appearance, the trial court shall have the liberty to compel his appearance by issuing warrant of arrest. Page No.# 3/3 With the aforesaid direction, the criminal petition is disposed of.

JUDGE Comparing Assistant