SMT. PALLABI KAKOTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned Counsel appearing for the petitioner. Also heard Ms. B. Saikia, learned Addl. Public Prosecutor, Assam.

(2.) The challenge made in this petition is to the order dated 12.7.2011 passed by the learned Sub-Divisional Judicial Magistrate (S) ('S.D.J.M.' for short), North Lakhimpur in G.R. Case No. 382/2010 under sections 406/420, Indian Penal Code arising out of North Lakhimpur P.S. Case No. 174/2010. The petitioner is a charge-sheeted accused in the aforesaid case.

(3.) It is submitted by the learned Counsel for the petitioner that coming to know about the registration of the P.S. case, she approached this Court by filing a bail application under section 438 Indian Penal Code being registered and numbered as B.A. No. 2210/2010 and vide order dated 21.5.2010 this Court granted interim bail to the petitioner, which was subsequently made absolute vide order dated 16.6.2010. After obtaining the certified copies of the aforesaid orders, the petitioner had personally appeared before the Investigating Officer ('I/O' for short) and handed over the same to the I/O. Police did not record her statement as the matter between the informant and the petitioner was compromised by then. But surprisingly, after completion of the investigation of the North Lakhimpur P.S. Case No. 174./2010, police submitted charge sheet showing the petitioner as absconder. On the other hand, while submitted the charge-sheet, the police had also enclosed therewith the copies of the bail orders granted by this Court in favour of the petitioner. After receiving the charge-sheet, the learned Chief Judicial Magistrate (L) ('C.J.M.' for short), North Lakhimpur vide order dated 11.7.2011 transferred the case to the Court of learned S.D.J.M. (S) North Lakhimpur for disposal. While doing so, the learned C.J.M. (L), North Lakhimpur in the order dated 11.7.2011 showed the accused petitioner as absconder and accordingly. the learned S.D.J.M. vide order dated 12.7.2011 issued Non-Bailable Warrant of Arrest ('N.B.W.A.' for short) against the petitioner fixing 12.8.2011 for appearance. It is the case of the petitioner that the learned Trial Court ought not to have issued the N.B.W.A. against the petitioner without complying the condition prescribed under section 82 of the Cr. P.C.