Page No.# 1/4 GAHC010125082025 2025:GAU-AS:9523 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./686/2025 MD BABUL HUSSAIN SON OF LATE ALIM UDDIN RESIDENT OF VILLAGE SILPUKHURI, PS MIKIRBHETA DISTRICT- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, GOVT. OF ASSAM 2:MRS FATIMA KHATUN WIFE OF MD HABIBUR RAHMAN RESIDENT OF VILLAGE KUBALKATA P.S. BATADRAVA DISTRICT- NAGAON ASSA Advocate for the Petitioner : MR. P BORAH, MRS K M SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 25.07.2025 Heard Mr. P. Borah, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent no. 1 State. Page No.# 2/4 2. The petitioner was named as the sole accused in the First Information Report [FIR] lodged by the respondent no. 2 as the informant before the Officer In-Charge, Batadrava Police Station on 14.11.2019. On receipt of the FIR, a case, Batadrava Police Station Case no. 348/2019 was registered for the offence under Section 376, Indian Penal Code [IPC]. 3. In the course of investigation, the informant-respondent no. 2 was medically examined and her statement under Section 164, CrPC was recorded. After recording statement of a nos. of witnesses and completing the formalities, the Investigating Officer [I.O.] on completion of the investigation submitted a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 121/2023 on 30.09.2023 in connection with Batadrava Police Station Case no. 348/2019 finding a prima facie case against the petitioner for committing an offence under Section 376, IPC. In the Charge-Sheet, the I.O. mentioned that despite efforts the petitioner could not be found. On submission of the Charge-Sheet before the Court of learned Chief Judicial Magistrate, Nagaon, the said Court as the committal court registered the same as Police Report Case [PRC] no. 493/2024. After taking cognizance of the offence under Section 376, IPC on 10.05.2024, the Court issued summons to the petitioner as the sole accused. 4. During that period, the petitioner preferred a bail application, Bail Application no. 1827[N]/2024 before the Court of Additional Sessions Judge no. 1 –cum- Special Judge [POCSO], Nagaon, for his pre-arrest bail. The said application was disposed of with a direction to the petitioner to appear before the Court of learned Chief Judicial Magistrate, Nagaon on the date fixed and to apply for regular bail. It was thereafter, a petition, Petition no. 126/2025 was filed before the Court of learned Chief Judicial Magistrate, Nagaon on behalf of the petitioner. In the petition, the petitioner pleaded that he had to be absent because of illness. After hearing and taking note of the direction made in the Order dated 26.11.2024 passed by the learned District & Sessions Judge no. 1, Nagaon, the prayer made in the petition was rejected in view of non-appearance of the petitioner by an Order dated 09.01.2025. By the Order dated 09.01.2025, the Court of learned Chief Judicial Magistrate, Nagaon also issued warrant of arrest against the petitioner fixing a date, 24.03.2025 for his appearance. On 24.03.2025, the Court again ordered for issuance of Non-Bialable Warrant of Arrest [NBWA]. Hence the criminal petition. Page No.# 3/4 5. Though a nos. of prayers have been made in this criminal petition, the learned counsel for the petitioner has confined his submissions on the orders issuing warrant of arrest by the Court of learned Chief Judicial Magistrate on 09.01.2025 and thereafter. The learned counsel for the petitioner has submitted that the petitioner is ready and willing to participate in the trial but because of issuance of warrant of arrest, the petitioner is apprehending that before his appearance, he might be taken into custody by police. 6. Mr. Baruah, learned Additional Public Prosecutor appearing for the respondent no. 1 State has submitted that if the petitioner is ready and willing to participate in the trial, the same would facilitate an expeditious completion of the trial for a charge which is otherwise serious in nature. 7. The petitioner would be facing a charge under Section 376, IPC on submission of the Charge-Sheet on 30.09.2023. Whether there are sufficient materials or not to frame a charge under Section 376, IPC is dependent on sufficiency of the materials placed by the prosecution. The charge is yet to be framed against the petitioner as because of his non- appearance before the Trial Court. The case is yet to be committed to the Court of Sessions. There is already a direction to the petitioner to appear before the Court of learned Chief Judicial Magistrate, Nagaon. 8. As the petitioner is ready and willing to participate in the trial and the same would facilitate an expeditious trial, this Court is of the considered view that for securing the ends of justice, the warrant of arrest issued against the petitioner by Orders passed on 09.01.2025 and thereafter can be suspended for a period of 2 [two] weeks to enable the petitioner to appear before the Court of learned Chief Judicial Magistrate, Nagaon within the said period, without the apprehension of he being taken into custody by police. It is ordered accordingly. 9. The petitioner shall appear before the Court of learned Chief Judicial Magistrate, Nagaon within a period of 2 [two] weeks and in the event the petitioner submits any application for his bail on his such appearance, the same shall be considered by the Court on Page No.# 4/4 its own merits and in accordance with law. It is further observed that in the event the petitioner fails to appear before the Court of learned Chief Judicial Magistrate, Nagaon within a period of 2 [two] weeks from today, the suspension period passed in respect of the warrant of arrest issued against the petitioner would cease to operate. 9. With the observations made and the directions given above, the criminal petition is disposed of. JUDGE Comparing Assistant