Page No.# 1/4 GAHC010141722025 2025:GAU-AS:8724 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./743/2025 SAYED TARAP ALI AND ANR S/O LATE HASMAT ALI RESIDING AT VILLAGE NO. 2 DAKHHIN RANGAPANI, P.S. BOKO, IN THE DISTRICT OF KAMRUP, ASSAM 2: SOBAHAN ALI S/O LATE RAJAB ALI RESIDING AT VILLAGE NO. 2 DAKHIN RANGAPANI P.S. BOKO IN THE DISTRICT OF KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M R SODIAL, MS B H SHIRIN,MS S Z HAYAT,B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 26.06.2025 Heard Mr. M.R. Sodial, learned counsel for the petitioners and Ms. A. Begum, learned Page No.# 2/4 Additional Public Prosecutor for the respondent State. 2. This criminal petition under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against an Order dated 02.08.2023 and subsequent orders passed thereafter by the Court of learned Sessions Judge, Kamrup, Amingaon in Special [Electricity] Case no. 02/2023. By virtue of Section 153 of the Electricity Act, 2003, the Court of learned Sessions Judge, Kamrup, Amingaon is designated as the Special Court. 3. The two petitioners were named as accused in the First Information Report [FIR] lodged by the Sub-Divisional Engineer, Boko Electrical Sub-Division, APDCL, Boko before the Officer In-Charge, Sontoli Outpost under Boko Police Station alleging power theft. The said FIR has been registered as Boko Police Station Case no. 448/2021 under Section 379/34, Indian Penal Code [IPC] read with Section 135, Electricity Act, 2003. After investigation, the I.O. submitted a charge-sheet vide Charge-Sheet no. 153/2021 finding a prima facie case for committing the offences under Section 379/34, IPC. On submission of the Charge-Sheet, the Special Court took cognizance on it under Section 379/34, IPC read with Section 135, Electricity Act, 2003. The learned Special Court on 30.06.2023 allowed a prayer made on behalf of the petitioners as accused for their appearance on 02.08.2023 as the petitioners were already on bail. 4. The case, Special [Electricity] Case no. 02/2023 was thereafter, posted on 02.08.2023 for the appearance of the accused persons, that is, the petitioners. As the petitioners were found absent on 02.08.2023 without any steps, the learned Special Court issued Non-Bailable Warrant of Arrest [NBWA] against both the petitioners. The case was thereafter, posted on 03.10.2023, 20.11.2023, 04.01.2024, 22.02.2024, 09.04.2024, 03.06.2024, 16.07.2024, 28.08.2024, 29.10.2024 19.12.2024, 20.02.2025, 07.04.2025 and lastly on 03.06.2025. On all these dates, the petitioners were found absent without taking any steps and the learned Special Court issued fresh NBWAs against the two accused persons. Some of the NBWAs returned with reports. The contents of the reports are not specifically mentioned in the orders. 5. Mr. Sodial, learned counsel for the petitioners has submitted that due to certain mis- Page No.# 3/4 communication and improper legal advice, the petitioners did not appear before the learned Special Court from 02.08.2023 onwards. He has fairly submitted that though, there was consistent defaults on the part of the petitioners to appear before the learned Special Court earlier, the petitioners intend to take part in the trial to face the charges. 6. Ms. Begum, learned Public Prosecutor has fairly submitted that notwithstanding issuance of NBWAs since long, if the petitioners submit to the jurisdiction of the learned Special Court by making appearance, the same would facilitate an expeditious trial. 7. Having gone through the order-sheets of the learned Special Court in Special [Electricity] Case no. 02/2023 on and from 30.06.2023 onwards, it is noticed that the NBWAs were returned with reports. There was non-appearance on the part of the two accused persons who are the petitioners herein, since 02.08.2023. The conduct of the petitioners on and from 02.08.2023 is not such, which can be appreciated. As a result of their non- appearance, the trial has got protracted. In the event the petitioners appear before the learned Special Court at an early date to face the trial, the same would facilitate an expeditious trial. 8. For the aforesaid reasons and taking into consideration of an expeditious trial, instead of a protracted trial, I am inclined, in the interest of justice, to suspend the NBWAs issued against the petitioners on and from 02.08.2023 onwards, subject to the condition that the petitioners shall appear before the learned Special Court on 22.07.2025 without fail. It is ordered accordingly. The petitioners have undertaken that they would appear before the learned Special Court on 22.07.2025. 9. In view of the specific undertaking given by the petitioner to appear on 22.07.2025 before the learned Special Court, the NBWAs issued against the petitioners on and from 02.08.2023 shall remain suspended till then. On appearance of the petitioners before the learned Special Court on 22.07.2025, the petitioners can prefer an application for bail. It is observed that in the event such an application for bail is preferred by the petitioners, the learned Special Court will consider the same on its own merits and in accordance with law. It is further observed that in the event of failure on the part of the petitioners to appear on Page No.# 4/4 22.07.2025, the NBWAs would stand revived. 10. With the above direction and observations, the criminal petition is disposed of. JUDGE Comparing Assistant