Mantu Deka vs The State Of Assam
2023 Latest Caselaw 1552 Gua

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GAHC010052042023




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

                                 Case No. : Crl.Pet./228/2023

            MANTU DEKA
            S/O LATE BHOLA DEKA
            R/O VILL- DHEKIBHANGA
            P.O. ANGARDHOWA, AAHATGURI CHOWK
            P.S. BARBORI
            DIST. BAKSA, ASSAM, PIN-781344



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MD. S M RAHMAN

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

20.04.2023

Heard Mr. S.M. Rahman, learned counsel for the petitioner and Ms. S.H. Borah, learned Addl. Public Prosecutor, Assam for the State.

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This criminal petition is filed by the petitioner being aggrieved that in the Charge-Sheet No. 29 dated 31.07.2022 which was filed by the Investigating Officer in connection with the Barbori P.S. Case No. 07/2022, the petitioner was shown as an absconder. It is submitted that he was never been absconder but it was not to his knowledge that the investigating officer wanted his presence in connection with the investigation of the said case. Vide order dated 29.10.2022 passed by the Court of Addl. CJM, Baksa, Mushalpur in PRC Case No. 743/2022 under Sections 363/302/201/34 of the IPC, the petitioner now apprehends that upon his appearance before the Court below he will be taken into custody in terms of the provisions of the Cr.P.C.

The only prayer of the petitioner is that some protection be granted to him as he wants to comply with the order issuing fresh summons to the petitioner and he wants to appear before the Competent Court and contest the case.

This Court is of the view that in the face of law laid down by the Apex Court in Siddharth Vs. State of Uttar Pradesh and Anr , reported in (2022) 1 SCC 676 and Judgment dated 20.03.2023 rendered in Mahdoom Bava Vs. Central Bureau of Investigation in Criminal Appeal No....... of 2023 (Arising out of SLP (Crl) No. 376 of 2023), it is no longer res integra that appearance of the accused persons pursuant to summons being issued do not necessarily in all cases require orders directing the accused to be taken into custody as a matter of course. When the law has already been laid down by the Apex Court, no further orders are necessary to be passed by this Court.

In view of the law laid down by the Apex Court, this criminal petition is closed Page No.# 3/3

directing the petitioner to comply with the order dated 29.10.2022 and appear in response to the summons received in connection with PRC Case No. 743/2022 before the Court of Addl. CJM, Baksa, Mushalpur.

Upon his appearance, the petitioner is at liberty to make necessary prayers before the Competent Court and the Competent Court upon consideration of the matter on its merits and taking into consideration the law laid down by the Apex Court will pass appropriate order.

Accordingly, the Criminal petition is disposed of.

JUDGE

Comparing Assistant