Page No.# 1/4 GAHC010100752025 2025:GAU-AS:6308 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./562/2025 AFTAB UDDIN S/O- ABDUL KARIM @ SUN KUTI, R/O- VILL.- MULIURA, P.S- NILAMBAZAR. DIST.- SRIBHUMI, ASSAM. PIN-788722. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MS. U NANDA, MS. K L R YANTHAN,MS. J GHOSH,MR. S C BISWAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.05.2025 Heard Mr. S C Biswas, learned counsel for the petitioner and Mr. K K Das, learned Additional Public Prosecutor, Assam for the State. 2. Petitioner is a charge-sheeted accused in Nilambazar Police Station Case No. 309/2021 under Sections 396/397 IPC read with Section 25 (1)(B) of the Arms Act corresponding to Page No.# 2/4 G.R. No. 2520/2021, where the charge-sheet was filed on 21.11.2021 vide Charge-Sheet No. 237/2021. 3. After filing of the charge-sheet in said Nilambazar P.S. Case No. 309/2021, the same was registered as PRC Case No. 875/2021 and the learned Additional Chief Judicial Magistrate, Karimganj, Sribhumi by order dated 26.11.2021 in said PRC Case No. 875/2021 took cognizance of the offence and issued summons to the accused persons of the case. 4. It is to be noted herein that as the petitioner evaded arrest during the investigation of the case, he was shown as an absconder in the charge-sheet dated 21.11.2021. 5. The petitioner did not appear before the learned Magisterial Court in said PRC Case No. 875/2021 on various dates, though summons were issued to him. Ultimately on 28.12.2022 summon issued to the petitioner was returned after proper service and inspite of that he remained absent and did not appear in the matter. As such, the learned Magisterial Court by order dated 28.12.2022 passed in said PRC Case No. 875/2021 issued the order of Non- Bailable Warrant of Arrest (NBWA) against the petitioner for his appearance in the case. As the petitioner did not appear before the said Magistrate, order of NBWA was re-issued against him by the learned Magisterial Court. 6. The learned Magisterial Court by its order dated 21.01.2023 passed in said PRC Case No. 875/2021, finding that the petitioner is absconding inspite of issuance of summons, issued Warrant of Arrest (WA) and also passed an order of Proclamation & Attachment (P&A) against the petitioner in the said PRC case. 7. On 21.01.2023 a report was submitted before the learned Magisterial Court after execution of the order of Warrant of Arrest that the petitioner was evading police arrest and absconding. 8. After getting the said report, the learned Magistrate by its order dated 16.02.2023 passed in PRC Case No. 875/2021 observed that the said case is filed against the petitioner till the execution of Warrant of Arrest pending against him or till his appearance in said PRC Case No. 875/2021, whichever is earlier. 9. Now the petitioner has filed this criminal petition under Section 528 BNSS, stating that he Page No.# 3/4 is willing to appear before the learned Magisterial Court in said PRC Case No. 875/2021, but he is afraid that in the event of his appearance, pursuant to the orders of NBWA, WA and P&A, he shall be arrested and detained in custody in said PRC Case No. 875/2021 arising out of Nilambazar P.S. Case No. 309/2021. 10. As such, the petitioner has prayed before this Court to quash the orders of NBWA, WA and P&A issued against him in said PRC Case No. 875/2021, enabling him to appear before the Court of learned Additional Chief Judicial Magistrate, Sribhumi (Karimganj) in said PRC Case No. 875/2021 arising out of Nilambazar P.S. Case No. 309/2021 corresponding to G.R. No. 2520/2021. 11. Heard the learned counsels for both the sides. 12. Considering the entire aspect of the matter, the petitioner is directed to appear before the Court of the learned Additional Chief Judicial Magistrate, Sribhumi (Karimganj) in said PRC Case No. 875/2021 arising out of Nilambazar P.S. Case No. 309/2021 on or before 28.05.2025, along with a certified copy of this order. 13. In the event of his such appearance, the petitioner shall file appropriate application(s) before the Court of the learned Chief Judicial Magistrate, Sribhumi (Karimganj) for recalling the orders of NBWA, WA and P&A issued against him in said PRC Case No. 875/2021. 14. On his such appearance and filing of appropriate application(s) by the petitioner, as directed above, within the time so stipulated, the learned Additional Chief Judicial Magistrate, Sribhumi (Karimganj) shall consider those application(s) of the petitioner in accordance with law and the said Magistrate shall be at liberty to impose any such conditions, as it deems fit and proper securing the presence/attendance of the petitioner in said PRC Case No. 875/2021 on the dates it is fixed and also during the trial of the said PRC Case. 15. Till such appearance of the petitioner on or before 28.05.2025 in said PRC Case No. 875/2021 arising out of Nilambazar P.S. Case No. 309/2021, as noted above, the orders of NBWA, WA and P&A issued against the petitioner in said PRC Case No. 875/2021 shall not be given effect till 28.08.2025. 16. It is made clear that failure on the part of the petitioner to appear before the learned Page No.# 4/4 Additional Chief Judicial Magistrate, Sribhumi (Karimganj) on or before 28.05.2025, as directed above, the learned Magistrate shall be at liberty to pass any such order, which it deems fit and necessary, securing the appearance of the petitioner in the said PRC Case No. 875/2021. 17. Further, it is also made clear that the interim protection granted to the petitioner hereinabove shall not be extended further beyond 28.05.2025. 18. With the above observation and direction, this criminal petition stands disposed of. JUDGE Comparing Assistant