SANJAY DAS Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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AJIT BORTHAKUR -
(1.) By this petition under Section 482 read with Sections 401/397 of the Code of Criminal Procedure, the petitioner/accused, who is arrayed as accused in G.R. Case No.11520/2012 (Corresponding to Guwahati G.R.P. Case No.129/2012), pending in the Court of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, has prayed for setting aside and quashing of the impugned orders, dated 21.09.2017 and 12.03.2018 passed therein, whereby Proclamation and Attachment along with Non-bailable Warrant of Arrest have been issued against him.
(2.) Heard Mr. F. Hoque, learned counsel for the petitioner and Mr. B. Gogoi, learned Addl. P.P for the State/respondent No.1.
(3.) Mr. Hoque submits that the learned Court below without service of summon and execution of the bailable warrant of arrest on the petitioner/accused, has issued proclamation and attachment order along with warrant of arrest. According to Mr. Hoque, the process aforementioned issued against the petitioner/accused is apparently in contravention of requirement of Sections 82 and 87 Cr.P.C. and without recording any reason for doing so.;
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