Raja Basfor v. The State of Assam and Anr

PageoNo.#o1/2 GAHC010190942024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1129/2024o RAJAoBASFORo S/OoPARMAoBASFORo P.S.oFAKIRGRAM,oP.O.oFAKIRGRAMo DIST.KOKRAJHAR,oBTR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:SMTI.oRINAoBRAHMA oW/OoLATEoJAYANTAoDASo R/OoFAKIRGRAMoTOWN o WARDoNO.o5 oPOCHAGARHo P.S.oFAKIRGRAMo P.O.oFAKIRGRAMo DIST.oKOKRAJHAR oBTR oASSAo AdvocateoforotheoPetitionerooooo:oMRoSoSARMAH,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

17.09.2024 Heard Mr. S. Sarmah, the learned counsel appearing for the petitioner. I have also heard Ms. S.H. Bora, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 528 of the BNSS, 2023 praying for setting aside and quashing the impugned order dated 11.06.2024 passed by the learned Addl. Chief Judicial Magistrate, Kokrajhar, Assam in C.R. Case No.13/2023 whereby the warrant of arrest was directed to be issued against the present petitioner.

¶3The petitioner was convicted under Section 138 of N.I. Act in C.R. Case No.13/2023.

¶4He could not file an appeal in time. Therefore, the petitioner filed an application under Section 5 of the Limitation Act before the learned Sessions Judge, Kokrajhar praying for condonation of delay. That petition is still pending.

¶5In the meantime, the learned trial court issued Warrant of Arrest against the present petitioner.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7The petitioner is directed to approach the learned appellate court i.e Court of Sessions, Kokrajhar seeking relief.

¶8With the aforesaid direction, the present criminal petition is disposed of.

JUDGE Comparing Assistant