Page No.# 1/3 GAHC010123652025 2025:GAU-AS:7952 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./675/2025 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 THE PP ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13-06-2025 Heard learned counsel Mr. F. Haque for the petitioner Kashem Munchi, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for recalling the NBWA and P & A issued against the petitioner. Page No.# 2/3 2. Heard learned Additional Public Prosecutor Mr. B. Sarma, Assam. 3. Annexure-5 of the petition are the orders passed by the learned Trial Court in connection with C.R. Case No. 09/2021 under Section 193/193/200/467/468 of Indian Penal Code, 1860. The order dated 10.11.2022 clearly reflects that P & A was executed and the order of attachment was returned back to the Court as no property, movable or immovable was found in the petitioner’s name. 4. The order dated 05.12.2022 in connection with abovementioned case C.R. No. 09/2021 clearly reveals that EO was examined and on the basis of the evidence of the EO, this case was filed against the present petitioner. 5. Learned Additional Public Prosecutor has raised objection and has submitted that the order has been correctly passed by the learned Trial Court and interference of the order is not warranted. 6. I have considered the submissions at the bar with circumspection. 7. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in a case of providing fake documents as a bailor, whereas on the contrary, the petitioner has provided genuine documents and he is not liable of the alleged offence. It is further submitted that the petitioner is 65 years old. The petitioner is willing to cooperate with the trial brought up against him although the allegations are not true. The petitioner stood as a bailor of the accused who were booked under Section 363/376-D/302/201 of the IPC and the accused are Sri Puchu Baskey, Madan Besra and Matka Madi are at present absconding. Page No.# 3/3 8. I have considered the age of the petitioner and also the submissions on behalf of the petitioner that the petitioner is willing to cooperate with the trial in connection with CR Case No. 09/2021. I have also taken a pragmatic view. The petitioner is directed to appear before the learned Trial Court within ten days and cooperate with the trial. 9. Till then No coercive action to be taken against the petitioner in connection with CR Case No. 09/2021 pending before the learned JMFC, Chirang, Kajalgaon. 10. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant