Page No.# 1/4 GAHC010102692025 2025:GAU-AS:6952 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./594/2025 KASHEM MUNCHI S/O- LATE KALU SHEIKH. R/O- MAJRABARI PART NO.1, P.S- BIJNI, DIST.- CHIRANG , ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 29-05-2025 Heard Mr. F. Haque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Kashem Munchi, son of late Kalu Sheikh, resident of Majrabari Part No.1, Police Station-Bijni, District-Chirang, Assam has filed this application on 14.05.2025 under Section 528 BNSS, 2023, praying amongst others, to Page No.# 2/4 recall the orders, whereby, Non-Bailable Warrant of Arrest (NBWA) and Proclamation and Attachment (P&A) issued against him in connection with PRC Case No. 148/2022, presently pending before the Court of learned Additional Chief Judicial Magistrate (CJM), Chirang, BTAD. 3. With regard to the accused persons in Runikhata P.S. Case No.27/2020, the petitioner herein appeared as a bailor. However, on obtaining necessary reports from the authorities concerned and the concerned Investigating Officer of Bijni Police Station, the Court found that the petitioner as a bailor submitted forged and fake land documents before the Court while he stood as a bailor of the accused of said Runikhata P.S. Case No.27/2020. As such, the Court of learned Addl. CJM, Chirang, BTAD, Kajalgaon on 31.10.2020 directed the Officer-in-Charge of Dhaligaon Police Station to register a case against the petitioner and the said Court by the said order dated 31.10.2020, took cognizance of the offences under Sections 177/182/196 IPC against the petitioner in said Runikhata P.S. Case No.27/2020. Said complaint was later registered as Dhaligaon P.S. Case No.296/2020 under Sections 420/177/182/196 IPC against the petitioner. 4. After submission of Charge-Sheet in said Dhaligaon P.S. Case No.296/2020, the same was registered as PRC Case No.148/2022 and the matter is presently pending before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon. 5. Though summons was issued to the petitioner, he did not appear in said PRC Case No.148/2022 before the Trial Court. As such, the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon issued orders of Non-Bailable Warrant of Arrest (NBWA) against the petitioner for his appearance and also issued Proclamation and Attachment (P&A) against him. Those orders of NBWA and P&A are still in force against the petitioner in said PRC Case No.148/2022, presently, pending before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon. 6. It is submitted by the petitioner that he is willing to appear before the learned Page No.# 3/4 Additional CJM, Chirang, BTAD, Kajalgaon in said PRC Case No.148/2022, arising out of Dhaligaon P.S. Case No.296/2020. 7. However, as the orders of NBWA and P&A are in force against him, the petitioner apprehends that if he appears before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon, in said PRC Case No.148/2022, he may be apprehended and detained in custody. Hence, this criminal petition. 8. After hearing the learned counsels for the parties and considering the materials, the petitioner, namely, Kashem Munchi, son of late Kalu Sheikh is directed to appear before the learned Additional CJM, Chirang, BTAD, Kajalgaon, in said PRC Case No.148/2022, on or before 12.06.2025 and to file appropriate application for recalling the orders of NBWA and P&A issued against him and also for bail in the said proceeding. 9. In the event of appearing before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon, on or before 12.06.2025 in said PRC Case No.148/2022 and in the event of filing any such appropriate application by the petitioner for recalling the orders of NBWA and P&A issued against him in said PRC Case No.148/2022 and also for his bail in the said PRC Case, the learned Additional CJM, Chirang, BTAD, Kajalgaon, shall consider such applications of the petitioner in accordance with law. 10. While considering the bail application of the petitioner, if any, in said PRC Case No.148/2022, the learned Additional CJM, Chirang, BTAD, Kajalgaon, shall pass any such order(s) as it deems fit and proper securing the presence of the petitioner, named above, in said PRC Case No.148/2022 on the dates it is fixed and during trial of the case till its conclusion. 11. To facilitate the petitioner to appear before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon, on or before 12.06.2025 in said PRC Case No.148/2022, it is directed that the orders of NBWA and P&A issued against the petitioner in said PRC Case No.148/2022, shall not be given effect till 12.06.2025 and/or date of appearance Page No.# 4/4 of the petitioner in said PRC Case No.148/2022 on or before 12.06.2025 as directed above. 12. However, if the petitioner fails to appear before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon on or before 12.06.2025 and thereafter, in said PRC Case No.148/2022, the learned Additional CJM, Chirang, BTAD, Kajalgaon shall be at liberty to pass any such order, as it deems fit and proper for appearance of the petitioners in said PRC Case No.148/2022. 13. It is made clear that the interim protection granted to the petitioner, noted above, is only up to 12.06.2025 and it shall not be extended beyond the said period, i.e., 12.06.2025, considering the fact that this order has been passed in presence of the learned counsel for the petitioner. 14. With the above observations and directions, this Criminal Petition stands disposed of. JUDGE Comparing Assistant