Page No.# 1/3 GAHC010085122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./480/2025 ARIF HUSSAIN SON OF RAIZ UDDIN SHEIKH R/O VILL-BELDUBI,P.O. MEDORTARI, P.S. FAKIRGANJ IN THE DISTRICT OF DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:NAUSHAD ALI S/O LATE JABED ALI R/O VILL- TETULTOLA P.S. CHAPAR IN THE DISTRICT OF DHUBRI ASSAM PIN-78337 Advocate for the Petitioner : MR. R ISLAM, MR G U AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.04.2025 1. Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the orders directing issue of non-bailable warrant of arrest against the present petitioner Arif Hussain by the learned Judicial Magistrate First Class, Bongaigaon in PRC Case No.216/2023. 3. The petitioner is shown as an absconder in the Charge-Sheet alleging commission of sessions triable offences. 4. It has been submitted that in the Charge-Sheet, the address of the petitioner was erroneously shown and, therefore, summons issued to him were not served, ultimately the Trial Court directed issue of non-bailable warrant of arrest against the present petitioner. 5. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial, therefore he should be given one opportunity to that effect. 6. I have considered the submissions made by learned counsel for both the sides. 7. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. 8. Therefore, the application filed by the petitioner is allowed. Page No.# 3/3 9. All orders directing issue of non-bailable warrant of arrest issued against the present petitioner Arif Hussain by the learned Judicial Magistrate First Class, Bongaigaon in PRC Case No.216/2023 are set aside. 10. It is hereby directed that the petitioner Arif Hussain shall appear before the Court of learned Judicial Magistrate First Class, Bongaigaon in respect PRC Case No.216/2023 on 03.05.2025. 11. On his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the of learned Judicial Magistrate First Class, Bongaigaon, Assam. 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant