Page No.# 1/3 GAHC010206092025 2025:GAU-AS:13037 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1139/2025 AYAZ ALAM S/O MR MAHAFOOZ ALOM RESIDENT OF VILL- AND P.O. DHARAMMARPUR P.S. KARANDA DIST. GHAJIPUR, UTTAR PRADESH, PIN-233232. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S K SINGHA, MR. M K NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.09.2025 1. Heard Mr. S.K. Singha, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the BNSS, 2023 has been filed Page No.# 2/3 by the petitioner, namely, Mr. Ayaz Alam, impugning the order dated 27.06.2025 passed by the learned Judicial Magistrate First Class, Dima Hasao in GR Case No. 133/2024 corresponding to PRC Case No. 120/2024, whereby the orders for claiming the petitioner as absconder and also orders for attachment of his property were issued against him. 3. It also appears that by order dated 17.06.2025, non-bailable warrant of arrest was issued against the present petitioner. 4. The learned counsel for the petitioner has submitted that the petitioner has never received any summons or bailable warrant of arrest in connection with PRC Case No. 120/2024. He further submits that the petitioner is ready to face the trial. However, some interim protection may be granted to him. 5. I have considered the submissions made by the learned counsel for both sides and have gone through the records of this case. 6. On perusal of the records, it appears that though summons were issued to the petitioner on several occasions, however, there is nothing on record to indicate that summons were duly served on the petitioner. Further, the bailable-warrant of arrest which were issued to the petitioner, there is no execution report whether said bailable-warrant of arrest were executed or not. 7. It also appears from the record that the PRC Case No. 120/2024 has been filed by the Trial Court and the standing warrant of arrest has been issued against him by the order dated 17.07.2025. As the petitioner is ready to face trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Trial Court within 3(three) weeks from the date of this order and co-operate in the trial. Page No.# 3/3 8. To facilitate his appearance before the Trial Court in PRC Case No. 120/2024, the execution of non-bailable warrant of arrest issued against the petitioner shall remain suspended for next 3(three) weeks. 9. On his appearance before the Trial Court, the petitioner may seek any appropriate relief to which he is otherwise entitled to. 10. With the above observations, this criminal petition is disposed of. JUDGE Comparing Assistant