Arun Singha S/o Sri. Sukumar Singha v. State of Assam Rep. by P. P Assam, Guwahati
2018-02-19
HITESH KUMAR SARMA
body2018
DigiLaw.ai
ORDER : HITESH KUMAR SARMA, J. 1. This is a criminal petition, filed under Section 482 Cr.PC, seeking quashment of the orders, 21.9.2017 and 25.1.2018, passed in GR Case No. 11520/2012, by the learned Chief Judicial Magistrate, Kamrup (M), issuing proclamation and attachment order against the accused-petitioners Sri. Arun Singha and Sri. Dipankar Das. 2. Heard Mr. H. Hoque, learned counsel for the accused-petitioners. State respondent No. 1 is represented by learned Additional Public Prosecutor, Mr. B. Sarma. 3. I have perused the petition as well as the annexures furnished therewith. 4. The case against the accused-petitioners before the learned trail court is under Sections 120(B)/420/468/471 IPC read with Section 25(1-B)(a)/29/30 of the Arms Act. As per order, dated 1.9.2016, in the said case, the accused petitioners are found to be on court bail. But, thereafter, in respect of accused Arun Singha, record shows that summon was returned after execution and bailable warrant of arrest was issued against him. In respect of accused Dipankar Das, it appears that summon was not stated to have been executed in respect of him. But, it appears from the copy of the order, furnished before this court, with effect from 20.10.2017, bailable warrant of arrest and then non-bailable warrant of arrest has been issued against him also. Whatever it may be, the learned trial court, finally, issued proclamation and attachment order in respect of this two accused petitioners. 5. Learned counsel for the petitioners has submitted that none of the accused-petitioners ever received summons, and therefore, they did not know about the case resulting in their default in appearance. 6. In view of the above, the accused-petitioners are directed to appear before the learned trial court with an appropriate application for bail which the learned trial court will consider on its own merit after hearing the accused-petitioners. 7. Next date of the case is fixed on 12.3.2018 in the learned trial court, and till then, the order of proclamations and attachments in respect of the accused-petitioners are kept in abeyance. 8. However, it is made clear that in the event the accused-petitioners do not appear before the learned trial court as directed above, the order keeping the proclamations and the orders of attachment in abeyance shall automatically stand vacated. 9. With the above observations and direction, this criminal petition stands disposed of accordingly.