Liton Das vs State of Assam

B.D. Agarwal, J.—This application u/s 482 Cr.P.C. has been filed by the accused/petitioner, namely, Sri Liton Das, praying for quashing of the various orders passed by the Judicial Magistrate 1st Class, Nagaon in G.R. Case No. 2143/2011. By these impugned orders the learned Magistrate has issued non-bailable warrant of arrest and proclamation of attachment against the petitioner.

Heard Mr. R. Dev, learned counsel for the petitioner and Mr. N.J. Dutta, learned Addl PP., Assam. Also perused the FIR, charge-sheet, the victim''s statement recorded u/s 164 CrPC and the impugned orders.

Mr. Dev, learned counsel for the petitioner has submitted that non-bailable warrant of arrest was issued against the petitioner on the very first day as the accused/petitioner was shown absconder in the charge-sheet since it is not permissible under the law. Learned counsel further submitted that proclamation of attachment was issued even without any report from the concerned police station.

It is true that u/s 87 of the CrPC warrant of arrest can be issued in lieu of summons. However, in that situation, the Magistrate is required to record its reasons. Besides this, proclamation of attachment was issued without any report from the concerned police station that the accused is absconding. In this way the impugned orders are not in accordance with law.

Be that as it may, I have taken into consideration the fact that the victim was a 19 year old girl and as stated by the learned counsel the victim has married the petitioner.

In view of the above facts and circumstances, the criminal petition is allowed. The impugned orders are set aside. However, the petitioner is directed to surrender before the learned Judicial Magistrate 1st Glass, Nagaon within 10 days and pray for regular bail. On his surrender and filling appropriate application for bail, the same shall be considered in accordance with the observations made in this order.