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2022 DIGILAW 158 (GAU)

Raju Prasad Tayung v. State Of Assam

2022-02-18

ROBIN PHUKAN

body2022
JUDGMENT : ROBIN PHUKAN, J. This application under Sec. 482 CrPC is preferred by the petitioner Dr. Raju Prasad Tayung for quashing the order(s) issuing proclamation and attachment (P/A) against him and the consequential order passed by the learned Judicial Magistrate, First Class, Tezpur in G.R. Case No. 1025/2016 arising out of Tezpur P.S. Case No. 559/16 under Ss. 279/323/427 IPC. 2. Heard Mr. B. Baruah, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned Addl. Public Prosecutor for the State/respondent. 3. Mr. Baruah, learned counsel for the petitioner submits that the petitioner is a Doctor serving at Assam Medical College, Dibrugarh and that his residential address is reflected in the charge-sheet at Village Bongalijan, PS Dhemaji. But, in fact, the said place falls under the jurisdiction of Gogamukh Pas reflected in the charge-sheet. Mr. Baruah further submits that after taking cognizance of the offence by the learned Court below vide order dtd. 18/8/2016, issued summon to the petitioner, but the same could not be served upon him and thereafter vide order dtd. 8/12/2017, the learned Court below has issued bailable warrant of arrest of Rs.5,000.00 against the petitioner, but the same also could not be executed and thereafter, vide order dtd. 29/1/2018, the learned Court below has issued non-bailable warrant of arrest against him without any report on bailable of warrant. And thereafter, the learned Court below vide order dtd. 29/3/2018, without receiving any report upon the non-bailable warrant of arrest, has issued proclamation and attachment (P/A) against the petitioner. It is further submitted that while issuing proclamation and attachment (P/A) against the petitioner the learned Court below has not followed the guidelines issued by the Court in the case of Nazrul Islam Vs State of Assam reported in 2008 (1) GLT 979 and it is further submitted that the petitioner will appear before the learned Court below on the date fixed on 1/4/2022, and will participate in the trial and to enable him to appear before the learned Court below on the date fixed. The proclamation and attachment (P/A) issued against him may be stayed. 4. Ms. B. Bhuyan, learned Addl. Public Prosecutor for the State/respondent also submits that the petitioner may be directed to appear before the learned Court below on the next date, and the learned Court below may be directed to consider hisprayer for in accordance with law. 5. The proclamation and attachment (P/A) issued against him may be stayed. 4. Ms. B. Bhuyan, learned Addl. Public Prosecutor for the State/respondent also submits that the petitioner may be directed to appear before the learned Court below on the next date, and the learned Court below may be directed to consider hisprayer for in accordance with law. 5. Having heard the submissions of learned Advocates for both the sides, I have carefully gone through the petition and the documents placed on record and also the impugned order passed by the learned Court below. It appears that while issuing proclamation and attachment (P/A) against the petitioner, the learned Court below has not followed the guidelines of this Court, issued in the case of Nazrul Islam vs State of Assam (supra). The learned Court below has issued non-bailable warrant of arrest against the petitioner without assigning any reason and also the proclamation and attachment (P/A) was issued without forming an opinion about the abscondence of the petitioner. 6. Considering above, and also considering the facts and circumstances and further considering the submission of learned Advocates for both the sides, and also the documents placed on record, it is provided that the accused petitioner shall appear before the learned Court below on 1/4/2022 and on his appearance and on his filing a petition for allowing him to remain on previous bail or to go on fresh bail, the learned Court below shall consider the same in accordance with law. And till then proclamation and attachment (P/A) issued against the petitioner stands recalled. 7. In terms of above, this Criminal Petition stands disposed of at this motion stage itself.