Mustafizur Rahman v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010268802024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1536/2024o MUSTAFIZURoRAHMANo S/OoABUoBAKKARoSIDDIQUEo R/OoVILL-oDATTAKUCHIo P.S.oANDoDIST.oBARPETA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:SHAHoALOMoBHUYAN oS/OoLATEoAFAZUDDINoBHUYANo R/OoVILLoRAUMARIoPATHARo P.S.oTARABARIo DIST.oBARPETA oASSAMo PIN-78130o AdvocateoforotheoPetitionerooooo:oMR.oSoUoAHMED,oMRoAoHAWARIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

17.12.2024

Heard Mr. S.U. Ahmed, the learned counsel appearing for the petitioner. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 528 of the BNSS, 2023 challenging the impugned order dated 29.08.2017 and all other subsequent orders passed by the learned Judicial Magistrate First Class, Barpeta in G.R. Case No.938/2013 directing issue of Non-Bailable Warrant of Arrest as well as P&A against the present petitioner.

¶3According to the petitioner, he was earlier appearing in the trial court regularly. But for some reason, he could not regularly appear before the trial court. For this reason, Non-Bailable Warrant of Arrest as well as P&A was directed to be issued against him.

¶4The petitioner now submits that he intends to face the trial and therefore he should be given an opportunity to that effect.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, all orders directing issue of NBWA as well as P&A against the present petitioner in G.R. Case No.938/2013 pending in the court of Judicial Magistrate First Class, Barpeta are set aside.

¶7The petitioner, namely-Mustafizur Rahman is directed to appear before the trial Page No.# 3/3 court within next 10(ten) days from today. On his appearance, he shall be allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the said authority i.e. Judicial Magistrate First Class, Barpeta. Thereafter, the trial court shall expeditiously try to dispose of the case. With the aforesaid direction, the Criminal Petition is disposed of accordingly.

JUDGE Comparing Assistant