Page No.# 1/4 GAHC010158572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./890/2025 MUKUL SARMA SON OF RUPEN SARMA RESIDENT OF VILL- TULSHIMUKH, P.S. NAGAON (SADAR), DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:NUMAL CH. DAS SON OF LT. BHABIRAM DAS R/O VILL- TULSHIMUKH P.S. NAGAON DIST. NAGAON ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, A S CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 28.07.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assaam. Page No.# 2/4 2. Having regard to the issue raised in the present criminal petition filed under Section 528, BNSS, 2023, the petition is taken up for disposal at the motion stage itself dispensing with the process of issuing notice to the respondent No.2-Complainant. 3. The facts, in brief, leading to the filing of the criminal petition can be stated, at first. The First Information Report was lodged by the respondent No. 2 along with three other persons as the informant against the petitioner and his father as the accused persons and the said FIR was registered as Nagaon Sadar P.S. Case No. 556/2018 for the offences under Section 294 and Section 506 of the IPC read with Section 27 of the Arms Act. After completion of investigation, the I/O had submitted a charge-sheet in connection with Nagaon Sadar P.S. Case No.556/2018 finding a prima facie case against the petitioner and his father, Rupen Sarma for the offences under Sections 294/506/34 IPC read with Section 3(x), Schedule Castes & Schedule Tribes (Prevention of Atrocities) Act 1989. On submission of the charge-sheet, PRC Case No.1024/2021 was registered and vide an Order dated 20.03.2021, cognizance for the commission of aforesaid offences was taken. Processes in the form of summons were issued to the petitioner and his father to stand in the trial. 4. To secure the appearance of the two charge-sheeted accused persons, the learned Chief Judicial Magistrate, Nagaon continued to issue processes (summons) up-to 27.10.2021 and during that period, the accused persons did not appear due to non-service of summon. On and from 21.02.2022, the accused persons were absent with steps before the said Court by filing petitions. When on 01.09.2022 the accused persons were found absent without taking any steps, the learned Court issued Non-Bailable Warrant of Arrest (NBWA) against both of them. The father of the petitioner was arrested on 15.02.2024 in execution of the NBWA. However, the warrant of arrest issued against the petitioner could not be executed even during the subsequent period. The father of the petitioner was allowed to go on bail on 16.02.2024 having regard to his old age of 97 years and the illness suffered by him. 5. The learned Court after issuing an order of Proclamation and Attachment along with NBWA, had reached a satisfaction on receipt of the Report from the E/O that the procedure for execution of P & A had been duly followed. By an Order dated 12.03.2025, the learned Court on the basis of the Report from the E/O and his statement given before the Court, had filed the case in respect of the present petitioner while keeping the NBWA issued against the petitioner open for execution. Page No.# 3/4 6. This criminal petition has been preferred seeking setting aside and quashing of the orders dated 01.09.2022, 14.12.2022, 15.02.2023 passed by the learned Chief Judicial Magistrate, Nagaon and the orders dated 07.06.2023, 01.08.2023, 16.09.2023, 30.10.2023, 20.12.2023, 15.02.2024, 15.03.2024, 04.05.2024, 29.06.2024, 29.08.2024, 05.11.2024, 30.01.2025 and 12.03.2025 passed by the learned Special Judge, Nagaon in Special (SC-ST) Case No.01/2023 arising out of PRC No.1024/2021 qua the petitioner and also to quash the orders dated 01.09.2022, 14.12.2022, 15.02.2023, passed by the learned Chief Judicial Magistrate, Nagaon and the orders dated 07.06.2023, 01.08.2023, 16.09.2023, 30.10.2023, 20.12.2023, 15.02.2024, 15.03.2024, 04.05.2024, 29.06.2024, 29.08.2024, 05.11.2024, 30.01.2025 and 12.03.2025 passed by the learned Special Judge, Nagaon in Special (SC-ST) Case No.01/2023 arising out of PRC No.1024/2021. 7. By an Order dated 12.03.2025, on submission of the charge-sheet, the case has been registered as Special (SC-ST) Case No.01/2023 before the learned Special Court, Nagaon, Assam. By the above referred Order dated 12.03.2025, the learned Special Court split up the case record for the other accused, Rupen Sarma, while ordering filing of the case against the present petitioner. 8. The case is presently at the stage of consideration of the charge against the other charge-sheeted accused person, Rupen Sarma and for production of the petitioner who has been declared a Proclaimed Offender. 9. The petitioner has averred that he is ready and willing to face the trial of Special (SC- ST) Case No.01(N)/2023 before the learned Special Court. But because of the currency of the warrant of arrest issued vide Orders, mentioned in paragraph 6 above, and his proclaimed offender status, the petitioner is in apprehension of being taken into custody before his appearance before the learned Special Court. 10. Mr. M.P. Goswamai, learned Additional Public Prosecutor appearing for the State has submitted that the petitioner was well aware of the pendency of the case as summons issued by the Court were duly served upon him. But it was due to his repeated non-appearance, the trial of the case has become protracted. * 11. The petitioner along with other charge-sheeted accused, who is incidentally the petitioner’s father, is likely to face the charges under Sections 234/506, IPC along with Section 3(x), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Page No.# 4/4 1989. The charges are however, yet to be framed against the petitioner. Because of his status as a proclaimed offender, it is obvious that after submission of the charge-sheet, the complainants’ are waiting for expeditious conclusion of the trial. The trial has become a protracted one due to apparent deliberate act of non-appearance of the petitioner before the jurisdictional Court. It can be seen that the start of the trial has been delayed for about three years. 12. Taking the entire fact situation into consideration, this Court is also of the considered view that an expeditious conclusion on the trial is necessary and to facilitate such expeditious conclusion, the appearance of both the charge-sheeted accused persons are necessary. The complainants have been made to wait to depose before the Court for about three and half years. Such long waiting period could have bearing on their testimony. 13. Having regard to the above factors, this Court is of the considered view that since the petitioner has undertaken to appear before the learned Special Court on or before 11.08.2025, which could pave the way for an expeditious trial, the warrants of arrest issued against the petitioner can be ordered to be suspended till such date. It is ordered accordingly, subject to deposit of an amount of Rs.10,000/- by the petitioner before the learned Special Court on such appearance. In the event the petitioner appears before the learned Special Court on or before 11.08.2025, with an application for bail, the learned Special Court shall consider the application for bail in accordance with law and its own merit. On deposit of the amount of Rs.10,000/- by the petitioner, the learned Special Court shall disburse the said amount to the complainant. 14. The criminal petition is disposed of with the aforesaid terms and conditions. JUDGE Comparing Assistant