Gauhati High Court
Smti. Suraj Mukhi Devi vs The State Of Assam And Anr on 8 April, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/2
GAHC010076282019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 377/2019
1:SMTI. SURAJ MUKHI DEVI
W/O SRI MANOJ PRASAD SAH, R/O VILL-BARUHA, P.O.-BARUHA, P.S.-
BARUHA, DIST-BUXAR, BIHAR, PIN-802101
VERSUS
1:THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMTI RITA DEVI
W/O SRI SRINIVAS SAH @ SIWPUJAN SAH
R/O LANKA TOWN
WARD NO. 3
P.O.-LANKA
P.S.-LANKA
DIST-HOJAI
ASSAM
PIN-78244
Advocate for the Petitioner : MR. G C PHUKAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 08-04-2019 Heard Mr. GC Phukan, learned counsel for the petitioner as well as Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent No. 1, who has Page No.# 2/2 entered appearance and participated in the hearing.
This is an application filed under Section 482 of the Cr.PC seeking quashment of the order, dated 15.03.2019 by which order the Executing Police Officer is allowed further time to execute the Warrant of Arrest issued against the petitioner, who is an accused in GR Case No. 76/2011, registered under Sections 143/341/323/506 of the IPC pending in the court of the learned Judicial Magistrate First Class, Sanakrdev Nagar, Hojai.
From the impugned order, it appears that the Warrant of Arrest was issued against the petitioner prior to the order impugned in this petition although the original order issuing Warrant of Arrest has not been subjected to challenge in this petition. Whatever it may be, it is found that Warrant of Arrest was issued against the petitioner due to her failure to appear before the learned court below and the case has been pending since long.
It is not the mandate of Section 482 of the Cr.PC to re-call Warrant of Arrest or deal with bail. However, for ends of justice, this court is of the view that the accused- petitioner shall appear before the learned court below with an appropriate application for bail within 10 (ten) days from today, which the learned court below shall consider on its own merit taking into account all relevant factors.
With the above observations and directions, this petition stands disposed off at this motion stage itself.
JUDGE Comparing Assistant