Gauhati High Court
Md Nobiul Islam @ Md. Noimul Islam vs The State Of Assam on 31 January, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/2
GAHC010013512022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/233/2022
MD NOBIUL ISLAM @ MD. NOIMUL ISLAM
S/O KHOLILUR RAHMAN
VILL- NO. 1 AHMEDPUR
P.S. BIHPURIA
DIST LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. S K ROY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 31.01.2022 Heard Mr. K. Rahman, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.
The Laluk Police Station Case no. 467/2019 [corresponding G.R. Case no. 3228/2019] was registered for offences under Sections 120B/420/489A/489D, IPC on 27.12.2019 on the basis of an First Information Report [FIR] lodged by the Officer-In Charge, Laluk Police Station. The case was investigated and after completion of investigation, a charge sheet under Section 173[2], CrPC being Charge Sheet no. 217/2021 dated 30.09.2021, was submitted finding a prima Page No. 2/2 facie case under Sections 120B/420/489A/489D, IPC against 4 [four] nos. of accused persons by showing two of them as absconders. The petitioner was one of the said two accused persons, who were shown as absconders in the said charge sheet. Upon submission of the charge sheet, the learned Additional Chief Judicial Magistrate, Lakhimpur, North Lakhimpur by his order dated 07.01.2022 took cognizance for the offences under Sections 120B/420/489A/489D, IPC. On finding a prima facie materials against the charge sheeted accused persons, the learned Court issued summons to the accused persons calling for their appearance on 01.04.2022. The petitioner has preferred this petition apprehending that if he appears before the learned committal court in response to the said summons he would be taken into custody.
It is submitted by Mr. Rahman that no warrant of arrest and/or no order of proclamation has/have yet been issued against the petitioner.
As the case has already been charge sheeted, a perusal of the concerned case records of G.R. Case no. 3228/2019, arising out of Laluk Police Station Case no. 467/2019 and the concerned case diary would be necessary for consideration of the prayer for bail of the petitioner.
Let the scanned copies of the case records of G.R. Case no. 3228/2019 and the concerned case diary be requisitioned from the Court of learned Additional Chief Judicial Magistrate, Lakhimpur, North Lakhimpur.
Let the case be posted on 03.03.2022.
A copy of this order be brought to the notice of the Registrar [Judicial] for doing the needful by his office.
JUDGE Comparing Assistant