LITON DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application under Section 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.

(2.) 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 under Section 164 CrPC and the impugned orders.

(3.) 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.