Page No.# 1/3 GAHC010069492025 2025:GAU-AS:4128 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./397/2025 AKKEL ALI S/O KALU MIA, VILL- SALIMPUR, P.O- PAHUMARA, P.S- BAGHBAR, DIST BARPETA ASSAM, PIN-781308 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S ISLAM, MS. D BORA,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 04.04.2025 Heard Mr. S. Islam, learned counsel for the petitioner and Mr. Bidyut Sarma, learned Additional Public Prosecutor, Assam for the State/respondent No. 1. 2) The petitioner, namely, Akkel Ali, son of Kalu Mia is a charge-sheeted accused in Fatasil Ambari Police Station Case No. 219/2011 registered under Section 394 of the IPC. He was earlier arrested in the case and a Co-ordinate Bench of this Court by order dated 12.08.2011 passed in B.A. No. 1367/2011 granted bail to the petitioner in said Fatasil Ambari P.S. Case No. 219/2011, Page No.# 2/3 corresponding to G.R. Case No. 4945/2011. 3) Initially, the petitioner appeared before the learned Judicial Magistrate First Class (JMFC in short), Kamrup (Metro), Guwahati in said G.R. Case No. 4945/2011. However, on the subsequent dates, the petitioner did not appear before the said learned Magistrate in G.R. Case No. 4945/2011; pursuant to which, the learned JMFC, Kamrup (Metro), Guwahati on 23.10.2024 issued an order of Non-Bailable Warrant of Arrest (NBWA) against the petitioner and the other accused persons of the case for their appearance. 4) However, as the petitioner did not appear before the learned Magistrate even on the dates fixed, subsequently, the said learned Magistrate on 12.06.2024 issued fresh NBWA against the petitioner. 5) As the petitioner continued to remain absent, the learned JMFC, Kamrup (Metro), Guwahati on 12.12.2024 issued the order of Proclamation against him, fixing the matter on 20.02.2025 for his appearance. Even on 20.02.2025, the petitioner did not appear before the learned JMFC, Kamrup (Metro), Guwahati in said G.R. Case No. 4945/2011, the concerned Magistrate issued the order of Proclamation against the petitioner, fixing the matter on 11.04.2025. 6) The petitioner submitted that after obtaining bail in the case, he initially appeared in the case, but as he was away from Guwahati to earn his livelihood, he, being unaware of the dates fixed in said G.R. Case No. 4945/2011, could not appear before the learned Magistrate. Due to his such non-appearance, the orders of NBWA and Proclamation have been issued against him. Now, he has come to know about such orders of NBWA and Proclamation issued against him by the learned JMFC, Kamrup (Metro), Guwahati in said G.R. Case No. 4945/2011. Petitioner stated that he is willing to appear in said G.R. Case No. 4945/2011 to contest it. But as the order of NBWA issued against him is in force, he is of the apprehension that on his such appearance before the learned Magistrate in the case on the next date fixed, he shall be detained in custody. Hence this petition by the petitioner under Section 528 of the BNSS, 2023 praying to recall the orders of NBWA and Proclamation issued against him in G.R. Case No. 4945/2011 by the learned JMFC, Kamrup (Metro), Guwahati. 7) After hearing the learned counsel for the parties and considering the entire aspect of the matter, the petitioner is directed to appear before the learned Judicial Magistrate First Class, Page No.# 3/3 Kamrup (Metro), Guwahati in said G.R. Case No. 4945/2011, arising out of Fatasil Ambari P.S. Case No. 219/2011 on 11.04.2025. On his such appearance, he shall file fresh application before the said learned Magistrate to recall the orders of Non-Bailable Warrant of Arrest and Proclamation issued against him. 8) In the event of his appearance before the learned JMFC, Kamrup (Metro), Guwahati in said G.R. Case No. 4945/2011 on 11.04.2025 and on filing of any such application for recalling of the orders of NBWA and Proclamation, noted above, the said learned Magistrate shall consider such application of the petitioner in accordance with law, securing the presence of the petitioner in said G.R. Case No. 4945/2011 on the next dates fixed, till conclusion of the trial of the said case. 9) To facilitate the petitioner, namely, Akkel Ali, son of Kalu Mia to appear before the learned JMFC, Kamrup (Metro), Guwahati in said G.R. Case No. 4945/2011 on 11.04.2025, the orders of NBWA and Proclamation issued against him earlier in said G.R. Case No. 4945/2011 shall not be given effect. 10) However, it is made clear that failure on the part of the petitioner to appear before the learned JMFC, Kamrup (Metro), Guwahati in said G.R. Case No. 4945/2011 on 11.04.2025 and failure on his part to file appropriate application before the said learned Magistrate, as directed above, the protection granted to the petitioner by this order shall stand automatically vacated. 11) It is also made clear that as this order has been passed in presence of his learned counsel, no further time shall be granted to the petitioner for his appearance in said G.R. Case No. 4945/2011 beyond 11.04.2025, as directed above. 12) With the above observations and directions, this criminal petition stands disposed of. JUDGE Comparing Assistant