Gauhati High Court
Ahmed Ali vs The State Of Assam And Anr on 6 June, 2023
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GAHC010121532023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./536/2023
AHMED ALI
S/O ABDUL MOZID SK.
R/O VILL- CHAR MAGURMARI, P.S. PHULBARI, DIST. WEST GARO HILLS,
MEGHALAYA, PIN-794104
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP ASSAM
2:MD. SAMSUL KHAN
S/O LATE AZAHAR ALI KHAN
R/O VILL- CHAR MAGURMARI
P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-78312
Advocate for the Petitioner : MD I H LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 06.06.2023
Heard Mr. I. H. Laskar, learned counsel appears for the
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petitioner. Also heard Ms. S. H. Borah, learned Additional
Public Prosecutor appearing for the State of Assam.
2. This criminal petition has been filed by the petitioner,
namely, Ahmed Ali, setting aside of the order dated
19.05.2022 passed by the Additional Chief Judicial Magistrate,
South Salmara, Mankachar in GR Case No. 644/2011 arising
out of Sukchar Police Station Case No. 133/2011 registered
under Section 120(B)/366(A)/376 of IPC whereby Warrant of
Arrest was issued against the petitioner and thereafter all
subsequent orders by which Warrant of Arrest have been
issued against the petitioner.
3. It is submitted by the learned counsel for the petitioner that
there was a dispute between the petitioner and the
respondent No.2 which was amicably settled. It is submitted
by the learned counsel for the petitioner that the dispute
which led to the filing of the FIR dated 17.12.2011 by the
informant was the outcome of some misunderstanding and
subsequently the matter was amicably settled and a
declaration to that effect was made before the Notary dated
09.07.2014 and a copy thereof was also submitted before the
I/O of Sukchar Police Station in Sukchar Police Station Case
No. 133/2011.
4. Learned counsel for the petitioner submits that he was
under the impression that the matter was amicably settled
until he came to know that in his absence the police had gone
to his residence in search of him in connection with the said
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Sukchar Police Station Case No. 133/2011. He subsequently
came to learn that the charge-sheet has been filed in the
matter by the Investigating Officer and the matter is presently
pending before the Additional Chief Judicial Magistrate, South
Salmara, Mankachar. It is submitted that the learned Court had
issued Warrant of Arrest against the petitioner on 19.05.2022
and thereafter by several other orders. The learned counsel for
the petitioner submits that he is willing to contest the case and
he was always available as the deed of settlement was
submitted before the Investigating Officer and he was under
the impression that the dispute has agreed to by the informant
had been settled out of Court and no further issue was alive.
5. Under such circumstances, the Investigating Officer ought
not to have filed the charge-sheet before the Court as had
been done.
6. Learned counsel for the petitioner submits that he is willing
to appear before the Court and contest the matter and
therefore submits that the Warrant of Arrest be stayed
enabling him to appear before the Court.
7. Ms. S. H. Borah, learned Additional Public Prosecutor
appears for the State of Assam submits that the petitioner
should be directed to appear before the Court in pursuance to
the orders passed by the Court of Additional Chief Judicial
Magistrate, South Salmara, Mankachar and 19.06.2023 is
shown to be fixed as a next date for appearance.
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8. Having heard the learned counsels for the parties and
perusal of the records, this Court is of the view that ends of
justice will suffice if the petition is disposed of directing the
petitioner to appear before the Court of Additional Chief
Judicial Magistrate, South Salmara, Mankachar in connection
with GR Case No. 644/2011 arising out of Sukchar Police
Station Case No. 133/2011 on the next date fixed i.e. on
19.06.2023. If the petitioner appears before the Court of
Additional Chief Judicial Magistrate, South Salmara, Mankachar
in pursuance to this Court's order, the Warrant of Arrest issued
by the Court of Additional Chief Judicial Magistrate, South
Salmara, Mankachar against the petitioner will be recalled. The
petitioner will, thereafter, file regular bail application which will
be considered by the competent Court on its own merit.
9. 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 Ventral
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.
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10. In view of the law laid down by the Apex Court, this
criminal petition is closed directing the petitioner to appear
before the Competent Court on 19.06.2023 in connection with
GR Case No. 644/2011 arising out of Sukchar Police Station
Case No. 133/2011, before the Court of Additional Chief
Judicial Magistrate, South Salmara, Mankachar.
11. 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. And till 19.06.2023 the
Warrant of Arrest issued by the Court of Additional Chief
Judicial Magistrate, South Salmara, Mankachar against the
petitioner in GR Case No. 644/2011 arising out of Sukchar
Police Station Case No. 133/2011, shall remain stayed.
12. This criminal petition is accordingly disposed of in terms of
the above.
JUDGE
Comparing Assistant
