Page No.# 1/3 GAHC010191352025 2025:GAU-AS:11594 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1054/2025 FOIJUL ISLAM S/O- IDRISH ALI,VILL-TEKELIPUTA,P.S SAMAGURI,DIST-NAGAON,ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. S K SINGHA, MR. N C DAS,MR. H.K. DEORI,MR R ALOM,R ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 29.08.2025. Heard Mr. N.C. Das, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam appearing for the State respondent. This is an application filed under Section 528 of BNSS, 2023, praying for quashing/recall of the orders dated 26.03.2025 and 20.06.2025, passed in P.R. Page No.# 2/3 Case No.161/2025, by the Court of learned Sub-Divisional Judicial Magistrate, Koliabor, Nagaon. It is submitted by Mr. Das, learned counsel for the petitioner that by the petitioner is innocent and no way connected with the offence alleged in the FIR. Morevoer, nothing has been seized from the possession of the petitioner and he was not aware about the pendency of the case. During the investigation, the police never searched for the present petitioner and hence, he could not cooperate in the investigation of the case. However, the petitioner is ready and willing to appear before the learned Trial Court below and contest the case accordingly, if he is provided with some interim protection. Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam submitted in this regard that no illegality has been committed by the learned Trial Court and only summons were issued against the present petitioner asking to appear before the learned Trial Court. Thus, there cannot be any interim protection for the present petitioner. Hearing the submissions made by learned counsel for both sides and considering all aspects of the case, I find that some interim protection may be provided to the present petitioner, with a direction to appear before the learned Trial Court below with an appropriate application for bail, which may be considered accordingly, as per provision of law. However, till 06.09.2025, that is the next date fixed by the learned Trial Court below, no coercive action shall be taken against the present petitioner. Page No.# 3/3 With the above observation, this criminal petition stands disposed of. JUDGE Comparing Assistant