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2025 DAILYLAW 21237 (GAU)

SUMAN DEVI MAHATO v. THE STATE OF ASSAM AND ANR

Crl.Pet./1591/2024 · 2025-05-19

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010254682024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1591/2024 SUMAN DEVI MAHATO W/O SRI RAJKUMAR MAHATO BELTOLA, BASISTHA ROAD, GUWAHATI-781028, KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI A.K. DAS LABOUR INSPECTOR AND INSPECTOR UNDER THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT GUWAHATI ULUBARI DIST. KAMRUP (M) PIN-78100 Advocate for the Petitioner : MR. ABHIJIT MENA, MR U CHAUDHURY,DR AZIZ KHAN,P. NATH,MR. S BASUMATARY,RHITUSHREE TALUKDAR Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, AMICUS CURIAE (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.05.2025 1. Heard Mr. A. Mena, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam and Mr. S. Das, learned Amicus Curiae for the respondent No.2. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 04.11.2024 and subsequent orders passed by the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati in C.R. Case No.736c/2013. 3. The petitioner was earlier contesting the case before the Trial Court. On some occasions, she defaulted in appearance before the Trial Court, therefore Trial Court directed issue of non-bailable warrant of arrest as well as Proclamation & Attachment against her. 4. The learned counsel for the petitioner submits that the petitioner wants to contest the case before the Trial Court. 5. I have considered the submissions made by learned counsel for both the sides. 6. The grounds shown for the defaulted in appearance seems to be satisfactory. 7. Therefore, all orders directing issue of non-bailable warrant of arrest and Proclamation & Attachment against the present petitioner Suman Devi Mahato by the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati in C.R. Case Page No.# 3/3 No.736c/2013 are set aside. 8. The petitioner Suman Devi Mahato is directed to appear before the Court of learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati in connection with C.R. Case No.736c/2013 within next 10(ten) days from today. 9. On her appearance, the petitioner Suman Devi Mahato shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati in C.R. Case No.736c/2013. 10. The interim order passed earlier stands vacated. 11. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant