Page No.# 1/3 GAHC010168252025 2025:GAU-AS:9869 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./921/2025 RAMJAN ALI LASKAR SON OF RAFIKUL ALI VILL- CHATARIBORI P.O. HABI B ARANGABARI P.S. MIKIRBHETA DIST.M ORIGAON, ASSAM PIN-782106. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP,ASSAM 2:AMARJYOTI NATH S/O M ANILAL NATH VILL- BORBHUGIA P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN-782001 Advocate for the Petitioner : S K PODDAR, MS. N PODDAR,MR. C SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 31.07.2025 Heard Mr. S.K. Poddar, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent, State of Assam. Page No.# 2/3 2. The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred for quashing of an Order dated 21.07.2025 whereby Non-Bailable Warrants of Arrest [NBWA] has been issued against the petitioner in order to secure his appearance in the proceedings of POCSO Case no. 59/2024, which arose out of Mikirbheta Police Station Case no. 157/2023 and which is presently pending before the Court of learned Special Judge [POCSO], Morigaon, Assam [‘the Special Court’, for short]. 3. The First Information Report [FIR] in connection with Mikirbheta Police Station Case no. 157/2023 was registered on 13.08.2023 for the offences under Sections 354/509, Indian Penal Code [IPC] r/w Sections 12/15 of Protection of Children from Sexual Offences [POCSO] Act, 2012 r/w Section 67[A] of Information Technology Act. During the investigation, the petitioner was arrested on 13.08.2023 and he was remanded to judicial custody on that day itself. On 13.10.2023, the petitioner was granted default bail by the Special Court in a petition, Petition no. 1842/2023 filed by the petitioner. 4. On submission of the Charge-Sheet on 31.03.2024, process was issued to the petitioner to appear in the proceedings of POCSO Case no. 59/2024. On receipt of the summons, the petitioner appeared before the Special Court with a prayer to allow him to remain on previous bail. The learned Special Court allowed the said prayer of the petitioner to remain on previous bail fixing the case on 30.09.2024. On 07.07.2025, the petitioner was absent with steps and filed a petition, Petition no. 1516/2025 and the same was allowed by the learned Special Court fixing the next date on 21.07.2025. On 21.07.2025, the petitioner was absent and NBWA was issued against the petitioner to secure his presence. 5. The petitioner in this petition has averred that he was present throughout the dates of the proceedings of POCSO Case no. 59/2024. But, on 21.07.2025, the petitioner due to his ailment could not appear physically before the learned Special Court and in that regard, he filed a petition, Petition no. 1645/2025 enclosing medical certificate therewith by his engaged counsel. But, the petition, Petition no. 1645/2025 was rejected by the learned Special Court and it ordered for issuance of NBWA against him, by fixing the case on 04.08.2025. Page No.# 3/3 6. Mr. Poddar, learned counsel for the petitioner has submitted that the petitioner is ready and willing to participate in the trial by appearing before the learned Court without any default and he would be present on each and every date of the proceedings pertaining to POCSO Case no. 59/2024. 7. It is submitted that though the petitioner has been contemplating to submit himself to the jurisdiction of the Special Court since 21.07.2025, but the apprehension of being taken into custody in execution of the NBWA issued against him, had prevented from doing so. 8. As the petitioner is giving an undertaking that he is ready and willing to participate in the proceedings of POCSO Case no. 59/2024 and he will be present on each and every date of the proceedings without any default, this Court is of the considered view that in the interest of expeditious conclusion of the trial of POCSO Case no. 59/2024, the NBWA issued against the petitioner by Order dated 21.07.2025 can be kept in abeyance till 04.08.2025 so that the petitioner can appear and submit to the learned Special Court to participate in the further proceedings of POCSO Case no. 59/2024. Accordingly, it is ordered that the petitioner shall appear before the learned Special Court on 04.08.2025 and during the said period upto 04.08.2025, the NBWA issued vide Order dated 21.07.2025 against him shall remain in abeyance. It is further observed that if the petitioner upon his appearance submits an application for bail, the learned Special Court shall consider the same on its own merits and in accordance with law, after taking into consideration the singular default on his part in the trial of POCSO Case no. 59/0024 earlier. 9. With the observations made and the directions given above, the criminal petition is disposed of. No cost. JUDGE Comparing Assistant