Gauhati High Court
Lalit Phukan vs The State Of Assam And Anr on 8 December, 2021
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010207732021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./721/2021
LALIT PHUKAN
S/O SRI RUDRA PHUKAN
PERMANENT RESIDENT OF VILL- BOLIMARA GAON, P.S. MARIANI, DIST.
JORHAT, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:PURNIMA DEVI HAZARIKA
D/O LATE SITA RAM RAWTH
R/O CLUB ROAD
CHANDAN NAGAR
JORHAT-78500
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
08.12.2021.
By way of this petition under Section 482 of the CrPC, the petitioner challenges the order dated 03.01.2020, passed by the learned SDJM (S), Jorhat, in G.R. Case No.3743/2018 (PRC No.1062/2019), arising out of Pulibor P.S. Case No.361/2018, u/s.120(B)/352/354 of the IPC.
Page No.# 2/2 Referring to the documents annexed, the petitioner herein submits that he was arrested in connection with the said case and granted bail by the Court. Subsequently he was released on submission of the bail bond, as on 01.03.2019. In the meantime, the charge sheet was submitted and the learned trial Court initially issued summons to the accused person and thereafter on the very next date, issued summons but on the basis of the police report that he was not been able to traced out, as he left his place of residence 4 years back, the trial Court issued the P&A, which was followed in subsequent orders. The case is now posted on 17.01.2022.
It has been contended by the learned counsel that the petitioner is neither a defaulter in the said case nor any process was issued upon him, after his release on bail. The petitioner is however ready to face the trial but apprehensive of arrest, in view of issuance of the P & A. I have considered the submission of learned counsel for the petitioner as well as the learned Addl. P.P., Assam, appearing for the State.
On perusal of the record, it lends support to the contention that has been raised that after filing of the charge sheet, no any process was served upon the accused person and the P&A has been issued only on the basis of report of the serving agency. Such a report lacks merit in as much as the petitioner was enlarged on bail in the year 2019, whereas, as per the police report, he had left his place of residence four years back.
Be that as it may, as the petitioner is ready to appear before the learned trial Court to face the trial, the impugned order dated 03.01.2020, passed by the learned SDJM (S), Jorhat, in G.R. Case No.3743/2018 (PRC No.1062/2019) and the subsequent orders are hereby quashed with a direction to the petitioner to appear before the learned trial Court on or before the date so fixed, with necessary bail application and the learned trial Court will consider and dispose of the same, after hearing the parties, in accordance with the law.
Till then the execution of the P&A, issued against the petitioner is hereby stayed.
The petition stands disposed of accordingly.
JUDGE Comparing Assistant