NAZRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) CHALLENGING the legality and validity of the impugned order dated 27-11-2007 passed in G. R. Case No. 1721/04 by the learned Judicial Magistrate, 1st Class, guwahati by which P/a was directed to be issued against the petitioner, the present revision petition has been filed.

(2.) TO put in short the relevant facts, necessary for the purpose of adjudication of the point involved and having relevance to the present case, are that the accused/petitioner in on the basis of an FIR of the Dispur P. S. Case No. 352/04 was registered against the police. After investigation of the case, the investigating officer having found prima facie case submitted the charge-sheet against him under Sections 143/447/323/506, IPC along with another co-accused.

(3.) ON receipt of the charge sheet the learned trial Court, directed to issue summon to the accused person vide order dated 10-1-2007 fixing 15-3-2007 for appearance. On 15-3-2007 prayer for adjournment of the case having been made on behalf of the accused, the Court fixed the case on 20-4-2007 allowing the prayer. On that date also such prayer for adjournment was repeated on 8-5-2007. On 16-5-07, the other co-accused appeared and was allowed to go on bail. The present petitioner neither appeared nor took any steps in the case and accordingly the learned trial Court directed to issue non-bailable warrant of arrest against him fixing 21-6-2007 to secure his appearance. On that date also another order of NBWA was issued to the petitioner fixing 27-7-2007 without recording the fate of the earlier warrant. On 27-7-2007 the learned trial Court passed the following order :