Page No.# 1/3 GAHC010068512025 2025:GAU-AS:4129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./391/2025 SHOFIQUL ISLAM AND ANR S/O LATE KASEM ALI, VILL- HALDIA PATHER, P.O.- GHUGUBARI, P.S.- KALGACHIA, DIST- BARPETA, ASSAM, PIN-781319 2: RAKIBUL ISLAM S/O LATE KASEM ALI VILL- HALDIA PATHER P.O.- GHUGUBARI P.S.- KALGACHIA DIST- BARPETA ASSAM PIN-78131 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S AHMED, T UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 04/04/2025 Heard Mr. S Ahmed, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the respondent. 2. The petitioners are charge-sheeted accused in Howly Police Station Case No. 234/2020 under Page No.# 2/3 Section 379 IPC read with Section 49(B) of the Wild Life Protection Act. 3. The Court of learned Sub-Divisional Judicial Magistrate (Sadar), Barpeta on 29.01.2021 took cognizance of the offence in said Howly P.S. Case No. 234/2020 under Section 379 IPC read with Section 49(B) of the Wild Life Protection Act against the petitioners and issued summons to them. 4. After filing of the said charge-sheet in said Howly P.S. Case No. 234/2020, it was registered as PRC Case No. 24/2021 and the learned Trial Magistrate on 28.10.2022 issued order of Non-Bailable Warrant of Arrest (NBWA) against the petitioners for their appearance in said PRC Case No. 24/2021. 5. As the summons issued upon the petitioners did not return and the petitioners did not appear before the said Trial Magistrate, the learned SDJM (S), Barpeta by order dated 15.02.2025 passed in PRC Case No. 24/2021 issued fresh NBWA against the petitioners for their appearance in said PRC Case No. 24/2021, fixing the matter today, i.e., 04.04.2025. 6. The petitioners have filed this criminal petition under Section 528 of BNSS, 2023 on 28.03.2025 praying amongst others to set aside and quash those orders of NBWA issued against them by the learned SDJM (S), Barpeta on 28.10.2022 and 15.02.2025 in said PRC Case No. 24/2021 arising out of Howly P.S. Case No. 234/2020. 7. Petitioners contended that they are not FIR named accused and in spite of that they have been named in the charge-sheet. 8. It is also contended by the petitioners that they are willing to face the trial and wants to contest the case and participate in it but they apprehend that on their appearance in the matter, they might be arrested pursuant to the orders of NBWA issued by the learned SDJM (S), Barpeta on 28.10.2022 and 15.02.2025 in said PRC Case No. 24/2021 and may be detained in custody. Hence, they have preferred this application under Section 528 of BNSS, 2023. 9. After hearing the learned counsels for the parties and considering the entire aspects of the matter, this criminal petition is disposed of directing the petitioners, namely, (i) Shofiqul Islam, son of late Kasem Ali and (ii) Rakibul Islam, son of late Kasem Ali, to appear before the learned Sub- Divisional Judicial Magistrate (S), Barpeta in said PRC Case No. 24/2021 arising out of Howly P.S. Case No. 234/2020 on or before 10.04.2025 and to file appropriate application for recalling the orders of NBWA issued against them on 28.10.2022 and 15.02.2025 in said PRC Case No. 24/2021 arising out of Howly P.S. Case No. 234/2020 for their appearance in the matter. Page No.# 3/3 10. In the event of their appearance and filing of such application before the learned Sub- Divisional Judicial Magistrate (S), Barpeta in said PRC Case No. 24/2021 arising out of Howly P.S. Case No. 234/2020, as directed above, on or before 10.04.2025, the learned Trial Magistrate shall consider the same in accordance with law, securing their presence in said PRC Case No. 24/2021 during its trial and on the dates fixed till the conclusion of the said case. 11. Till then i.e., 10.04.2025, subject to appearance of the petitioners before the learned Sub- Divisional Judicial Magistrate (S), Barpeta and filing of appropriate application as directed above before the authority concerned, the orders of Non-Bailable Warrant of Arrest issued against the petitioners by the learned Sub-Divisional Judicial Magistrate (S), Barpeta on 28.10.2022 and 15.02.2025 shall not be given effect. 12. However, it is made clear that in the event of failure on the part of the petitioners, (i) Shofiqul Islam and (ii) Rakibul Islam, to appear before the learned Sub-Divisional Judicial Magistrate (S), Barpeta on or before 10.04.2025 in said PRC Case No. 24/2021 arising out of Howly P.S. Case No. 234/2020, the above protection granted to them shall stand automatically vacated and shall not be extended further as this order has been passed in presence of the learned counsel for the petitioners. 13. With the above observation and direction, this criminal petition stands disposed of. JUDGE Comparing Assistant