BANIS ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By making this application under sections 482/401, Cr.PC, the petitioner, who is accused in Chaygaon Police Station Case No. 61/08 (G.R. Case No. 3475/08), under sections 457/380, IPC, has sought for setting aside and quashing, inter alia, the orders, dated 9.7.2008 and 21.7.2008, passed by the learned Chief Judicial Magistrate, Kamrup, whereby non-bailable warrant of arrest has been directed to be issued against the accused-petitioner.

(2.) Heard Mr. M.U. Mondal, learned counsel, appearing on behalf of the petitioner, and Mr. B.S. Sinha, learned Additional Public Prosecutor, Assam.

(3.) The ground of challenge to the impugned orders is that no summons were served upon the accused-petitioner before the warrant of arrest was directed to be issued against him. What is also submitted, on behalf of the accused-petitioner, is that the learned court below has assigned no reason for directing issuance of warrant of arrest against the present petitioner as accused.