RAJU PRASAD TAYUNG Vs. STATE OF ASSAM

JUDGEMENT

(1.) 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.