SAMSUL HOQUE Vs. UPENDRA CH NATH

JUDGEMENT

(1.) None has appeared on behalf of the petitioners. However, Mr. D. Das, learned Additional Public Prosecutor, Assam, is present, on behalf of the opposite party No. 1. This is an application, made under Section 482, Cr PC, seeking to get set aside the order, dated 03-03-2009, passed, in Complaint Case No. 36C/2008, by the learned Additional Chief Judicial Magistrate, Barpeta, whereby the learned Magistrate has declined to allow the complainant to withdraw the case and directed issuance of non-bailable warrant of arrest against the accused-petitioners.

(2.) While considering the present application, it needs to be noted that having examined the complainant and having held an inquiry under Section 202, Cr PC, the learned Additional Chief Judicial Magistrate, Barpeta, in complaint Case No. 36C/2008, passed an order, on 24-01-2008, taking cognizance of the offences under Section 147/ 149/447/427/307/395/384, IPC and summons were directed to be issued to the accused fixing the case, on 17-03-2008, for appearance of the accused-petitioners.

(3.) Thereafter, to an application was made by the accused-petitioners in this Court, under Section 438, Cr PC, seeking pre-arrest bail in connection with the said complaint case. The bail application gave rise to Bail Application No. 2041 of 2008, which was disposed of, on 14-05-2008, with direction to the accused-petitioners to surrender, in the learned Court below, making it clear that if the accused-petitioners, on their appearance in the learned Court below, file any application for bail, the learned Court below shall consider and dispose of the same in accordance with law.