Naba Kumar Das v. The State of Assam

Page No.# 1/2 GAHC010210632024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1238/2024 NABA KUMAR DAS S/O GHANSHYAM DAS R/O GARBHITAR P.O. NIZDHAM DHAMA PIN CODE-781349 DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P K BASU, MS N DUTTA,MS. K DEY Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

03.10.2024

Heard Mr. P.K. Basu, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam/Respondent No.1. Page No.# 2/2

¶2This is an application under Section 528 of the BNSS, 2023 in respect of PRC No.669/2019 pending in the court of learned Judicial Magistrate First Class, Kamrup

(M), Guwahati, Assam.

¶3The petitioner was charge sheeted in a case under Section 387 of the Indian Penal Code.

¶4Summons was issued to him but the same was not served. The trial court directed issue of non-bailable warrant of arrest against the present petitioner.

¶5The petitioner, now, submits that he is interested in facing the trial and therefore, he should be given an opportunity to that effect.

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

¶7Since the petitioner wants to face the trial, he deserves to be given an opportunity to that effect. Therefore, all orders passed by the learned Judicial Magistrate First Class, Kamrup (M), Guwahati, Assam in respect of PRC No.669/2019 directing issue of non-bailable warrant of arrest against the present petitioner are set aside.

¶8The petitioner, namely-Sri Naba Kumar Das is directed to appear before the learned Judicial Magistrate First Class, Kamrup (M), Guwahati in respect of PRC No.669/2019 and on his appearance, he shall be released on bail of ₹20,000/- with surety of like amount to the satisfaction of the said authority i.e. learned Judicial Magistrate First Class, Kamrup (M), Guwahati. With the aforesaid direction, the criminal petition is disposed of.

JUDGE Comparing Assistant