MOSTAK UDDIN LASKAR AND 3 ORS. v. THE STATE OF ASSAM
Crl.Pet./1159/2025 · 2025-09-23
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19137 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19137 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010205442025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1159/2025 MOSTAK UDDIN LASKAR AND 3 ORS. SON OF FAKAR UDDIN LASKAR R/O VILL- KANCHANPUR PART-II, P.O. KANCHANPUR P.S. AND DIST. HAILAKANDI, ASSAM PIN-788152. 2: CHINOI MIA ALIAS SINOI MIA SON OF LT NOOR ALI R/O VILL- KANCHANPUR PART-II
P.O. KANCHANPUR P.S. AND DIST. HAILAKANDI ASSAM PIN-788152. 3: SADDAM HUSSAIN ALIAS SAYED HUSSAIN LASKAR SON OF FAKAR UDDIN LASKAR R/O VILL- KANCHANPUR PART-II
P.O. KANCHANPUR P.S. AND DIST. HAILAKANDI ASSAM PIN-788152. 4: MOIJUL HUSSAIN SON OF JAMAL UDDIN
R/O VILL- KANCHANPUR PART-II
P.O. KANCHANPUR P.S. AND DIST. HAILAKANDI ASSAM PIN-788152
Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. I H LASKAR, R BORAH,J MEDHI,MS. N M LONGKENG,MR. P DAIMARY,MR. P K DEKA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.09.2025
1. Heard Mr. P.K. Deka, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioners namely 1. Mostak Uddin Laska, 2. Chinoi Mia @ Sinoi Mia, 3. Saddam Hussain @ Sayed Hussain, and 4. Moijul Hussain, who are aggrieved by the order dated 06.08.2025 passed by the learned Additional Chief Judicial Magistrate, Hailakandi in PRC No. 284/2023, whereby a non-bailable warrant of arrest was issued. 3. The learned counsel for the petitioners has submitted that in the aforesaid case, a charge-sheet has been filed against the above-named petitioners under Sections 147/148/149/341/307/324/325 of the IPC, showing their names in the column of absconding accused persons. The learned counsel further submits that the petitioners have never received any notice either from the police or
Page No.# 3/3 from the trial court. 4. The learned counsel for the petitioners has submitted that the next date for hearing in PRC No. 284/2023 has been fixed for 11.11.2025, and the petitioners are ready to appear before the trial court and cooperate in the proceedings. 5. I have considered the submissions made by learned counsel for both sides. Since the petitioners are willing to appear and cooperate in the trial, this criminal petition is disposed of with the following directions:
6.
All the petitioners are directed to appear before the learned Additional Chief Judicial Magistrate, Hailakandi, in PRC Case No. 284/2023 on the next fixed date, i.e., 11.11.2025, and cooperate with the trial. 7. To facilitate their appearance, the operation of the non-bailable warrants of arrest issued against the petitioners shall remain stayed until 11.11.2025. 8. On that date, if the petitioners wish to seek any appropriate relief, they may do so before the trial court. JUDGE Comparing Assistant