Page No.# 1/3 GAHC010208672025 2025:GAU-AS:12910 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1157/2025 AMIR KHAN ALIAS AMIR HUSSAIN S/O LATE SAHED KHAN RESIDENT OF VILL- GOHARPAM P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MISS. TASHIRAN NESHA W/O MD. LALMIYA ALI RESIDENT OF VILL- GORGORI P.S. GHOGRAPAR DIST. NALBARI ASSA Advocate for the Petitioner : MR. P A AHMED, MRS. A KHANAM,MR A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 18.09.2025 1. Heard Mr. P.A. Ahmed, learned counsel for the petitioner. Also heard Ms. M. Das, learned Addl. Public Prosecutor appearing for the State respondent. Page No.# 2/3 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Amir Khan @ Amir Hussain, impugning the order dated 03.08.2024 and subsequent orders passed by the Court of learned Special Judge, Nalbari in Special (POCSO) Case No.34/2021, whereby, non-bailable warrant of arrest was issued against the petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner has not received any summons, as he was in Kerala for his livelihood. The learned counsel for the petitioner submits that the petitioner returned back from Kerala only on 26.08.2025 when one of his friends informed him regarding pendency of the aforesaid case. 4. The learned counsel for the petitioner submits that the next date of the case is fixed on 23.09.2025 and the petitioner is ready to appear before the learned Trial Court and face trial. However, as pending non-bailable warrant of arrest was issued against him, he is praying for some protection so as to appear before the trial Court. 5. I have considered the submissions made by the learned counsel for the both sides. 6. Since, considering the grounds shown by the petitioner for his non-appearance before the Trial Court and also considering the fact that the petitioner is ready to face the trial, accordingly, this criminal petition stands disposed of with a direction to the petitioner to appear before the Court of learned Special Judge, (POCSO) Nalbari in Special (POCSO) Case No.34/2021 on 23.09.2025. 7. To facilitate his appearance before the said Court, the execution of non-bailable warrant of arrest issued against him shall be suspended till the said date. 8. On his appearance before the Trial Court, the petitioner may seek any relief before the said Court to which he is legally entitled. Page No.# 3/3 9. With the above observations, this criminal petition stands disposed of. JUDGE Comparing Assistant