Gauhati High Court
Biva Rani Dey vs The State Of Assam And Anr on 26 May, 2020
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010073882020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 292/2020
1:BIVA RANI DEY
W/O- PRADIP DEY, VILL- MANJA DIMAPUR ROAD, NEAR OXFORD
SCHOOL, P.S- MANJA, DIST- KARBI ANGLONG, ASSAM
VERSUS
1:THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:BABUDHAR DEORI
C/O- LATE UTTAM CH DEORI
SI OF POLICE
O/C MANJA P.S
KARBI ANGLON
Advocate for the Petitioner : MS B GOGOI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 26-05-2020 By this application under Section 482 CrPC, the petitioner has challenged the order dated 14.02.2020, passed by the learned CJM, Diphu, Karbi Anglong, in GR Case No. 791/2012, whereby the learned Court was pleased to pass NBWA against the petitioner.
Learned counsel for the petitioner, Ms B Gogoi, has submitted that the default of the petitioner is not willful on earlier occasion. Actually, she took time on several occasions for her appearance due to Page No.# 2/2 certain reasons and even on the last occasion, a petition was filed for and on her behalf, showing reasons for her absence, but the same was rejected and the non-bailable warrant of arrest was issued. Different orders of the Court has now been produced before this Court to submit that on each and every occasion since 26.08.2019 onwards, petition was filed for and on behalf of the petitioner praying for time for her appearance along with others and on the last occasion due to suffering from ailments like arthritis with hypertension etc., the petitioner could not appear before the trial Court. However, the petitioner is now ready to appear before the trial Court and face the trial regularly.
Considered the submissions made by the learned counsel for the petitioner as well as the learned counsel for the State respondent. Also perused the medical documents annexed.
The present petitioner is now ready to face the trial regularly and otherwise, she is not a defaulter in the present case and the offence is triable by the Court of learned JMFC.
Taking note of all above and the undertaking given by the petitioner before this Court, the petition stands disposed of with a direction to the petitioner to appear before the trial Court on the next date fixed, with necessary bail application and the learned trial Court will consider the same in accordance with law.
Till her appearance, execution of the warrant of arrest is hereby stayed. True copy of the order be furnished under the seal and signature of the Court Master.
JUDGE Comparing Assistant