Raktim Prakash Dowarah vs The State Of Assam And Anr
2022 Latest Caselaw 1033 Gua

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GAHC010056122022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./247/2022

            RAKTIM PRAKASH DOWARAH
            S/O LATE MANIK CH. DOWARAH, R/O CHIRING CHAPORI, P.O.-
            MOHANAGHAT, P.S. AND DIST-DIBRUGARH, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:BARUN GARODIA
             S/O SHIW KUMAR GARODIA
             R/O AMOLAPATTY
             OPP. BORAH HYUNDAI DEALER
             P.O.-MOHANAGHAT
             P.S. AND DIST-DIBRUGARH
            ASSA

Advocate for the Petitioner   : MR N N UPADHYAYA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

24.03.2022

Heard Mr. N. N. Upadhyaya, learned counsel for the petitioner. Also heard Page No.# 2/3

Mr. P. Borthakur, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for setting aside and quashing the impugned orders dated 03.02.2022 and 10.03.2022, passed by the learned Chief Judicial Magistrate, Dibrugarh, issuing WA and NBWA respectively against him in connection with N.I. Case No.

130C/2017.

Mr. N. N. Upadhyaya, learned counsel for the petitioner, submits that in connection with the aforesaid case after getting summon the petitioner appeared before the Court of learned C.J.M., Dibrugarh by engaging a counsel and since then he had been regularly appearing before the Court. Mr. Upadhyaya further submits that during the pendency of the trial, the petitioner paid an amount of Rs.30,000/- against his liability and he has been making arrangement for payment of the remaining amount to the complainant. Mr. Upadhyaya also submits that on 03.02.2022 as the engaged counsel of the petitioner was ill, he filed a petition through another counsel for non-appearance of the petitioner. On the other hand, Mr. Upadhyaya submits, as that the petitioner was unaware of the date fixed by the learned trial Court, he could not appear on 03.02.2022, for which, warrant of arrest was issued against him. Thereafter, the petitioner filed a Criminal Revision Petition being No. 02(1)/2022 before the learned District and Session Judge, Dibrugarh which was dismissed vide judgment dated 02.03.2022. On 10.03.2022, the learned C.J.M., Dibrugarh issued NBWA against the petitioner fixing 12.04.2022 for appearance. Therefore, Mr. Upadhyaya submits that an opportunity may be given to the petitioner for his appearance before the learned Court below and till his appearance, the execution of the WA and NBWA issued against him may be Page No.# 3/3

directed to be kept in abeyance.

Mr. P. Borthakur, learned Additional Public Prosecutor, submits that in the backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below on a specified date, subject to conditions.

Having considered the above submissions made by the learned counsel for both sides and consideration of the averments made in the petition, it is provided that the petitioner shall appear before the Court of learned C.J.M., Dibrugarh on or before 12.04.2022 and till his appearance, the execution of the WA and NBWA issued against him shall be kept in abeyance subject to the condition that he will continue to appear before the learned trial Court till the trial of the case is completed.

With the above direction, the petition stands disposed of.

JUDGE

Comparing Assistant