Gauhati High Court
Crl.Pet./1339/2022 of SUMAN SHILL @ SUMAN SHEEL Vs THE STATE OF ASSAM AND ANR. on 28 December 2022
GAHC010266792022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1339/2022 SUMAN SHILL @ SUMAN SHEEL S/O NARESH CHANDRA SHILL, R/O GAURIPUR WARD NO. 2, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331. VERSUS THE STATE OF ASSAM AND ANR.
Arguments
GAHC010266792022
THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1339/2022
SUMAN SHILL @ SUMAN SHEEL S/O NARESH CHANDRA SHILL, R/O GAURIPUR WARD NO. 2, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331.
VERSUS
THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM.2:M/S GOEL AUTO CORP PVT. LTD. SITUATED AT- SHANTI SADAN ASSAM TRUNK ROAD NEAR ATHGAON FLYOVER ATHGAON GUWAHATI ASSAM PIN- 781001
Advocate for the Petitioner : MR D MEDHI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 28.12.2022
Heard Mr. K. Thakur, learned counsel for the petitioners. Also heard Ms. Ms. Swapna Hazarika Bora, learned Addl. P.P., Assam appearing for the State respondent No. 1.
This is an application under Sections 482/397/401 of the Code of Criminal procedure, 1973 filed by thepetitioner agaisnt the impugned order dated 27.09.2022 passed by the learned JMFC, Kamrup (M) in connection with C.R. Case No. 4854/2017 whereby the learned Magistrate re-issued non-bailable warrant of arrest against the petitioner.
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It is submitted by the learned counsel for the petitioner that the respondent No. 2 has filed a complaint case under Section 138 of the N.I. Act and the same has been registered as C.R. Case No. 4854/2017 which is pending before the Court of JMFC, Kamrup (M) at Guwahati. It is also submitted that though bailable warrant of arrest has been issued against the petitioner but the same was not executed and subsequently the NBWA was issued against the present petitioner. The petitioner has no knowledge about institution of the present case.
It is also the submission of learned counsel for the petitioner that he isw apprehending arrest. Moreover, he is also afraid that if he appears before the trial Court, he may be taken into custody.
The learned counsel for the petitioner also submits that the petitioner is ready to appear before the trial Court and face the trial and prayed to give direction to the trial Court to accept his bail prayer on his appearance.
The learned Addl. P.P. has made no objection on the prayer of the petitioner Accordingly, the petitioner is directed to appear before the learned trial Court within a period of 10 days from today and on filing application for bail, learned trial Court will consider the same as per provisions of law.
Till then, the execution of warrant of arrest issued against the petitioner shall remain stayed.
The Criminal petition stands disposed of.
JUDGE
Comparing Assistant
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