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2025 DAILYLAW 19295 (GAU)

JULU HOQUE LASKAR @ RIJBUL HOQUE LASKAR v. THE STATE OF ASSAM

Crl.Pet./1147/2025 · 2025-09-16

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010207422025 2025:GAU-AS:12944 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1147/2025 JULU HOQUE LASKAR @ RIJBUL HOQUE LASKAR S/O- AINUL HOQUE LASKAR R/O JAMALPUR FV, P.S. DHOLAI, DIST. CACHAR, ASSAM, PIN-788120. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. F A HASSAN,MS. K L R YANTHAN,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.09.2025 1. Heard Mr. S. C. Biswas, the learned counsel for the petitioner. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Julu Hoque Laskar @ Rijbul Hoque Laskar impugning the Page No.# 2/3 order dated 21.02.2025 and subsequent orders passing NDPS Case No. 119/2024 passed by the learned Session Judge, Cachar, Silchar, whereby the Trial Court had issued non-bailable warrant of arrest against the petitioner. 3. The learned counsel for the petitioner has submitted that later on, orders for proclaiming the petitioner as absconded and attachment of his properties were also issued and a standing warrant of arrest was also issued. 4. He further submits that by order dated 11.06.2025, the case of the petitioner was split up from the case of other co-accused persons who was appearing before the Trial Court. 5. The learned counsel for the petitioner has submitted that the petitioner's name has been shown in the charge sheet as an absconding accused. 6. He also submits that no incriminating material was reflected in the charge sheet against the present petitioner. 7. He also submits that the present petitioner is ready to face the trial, however, as a non-bailable warrant of arrest has already been issued and same is pending, he needs some protection so that he may appear before the Trial Court. 8. On the other hand, the learned Additional Public Prosecutor has submitted that if the petitioner intends to cooperate in the investigation in the trial, he does not have any objection. He, however, submits that by order dated 11.06.2025, the Trial Court has already declared the petitioner as a proclaimed offender. 9. I have considered the submissions made by the learned counsel for both sides. 10. Though, the petitioner has been declared as a proclaimed offender by the Trial Court, however, as the petitioner is ready and willing to face trial, this Page No.# 3/3 Criminal Petition is disposed of with the direction to the petitioner to appear before the Trial Court in NDPS Case No. 119/ 2024, within a period of 15 days of the date of this order and cooperate in trial. To facilitate his appearance before the same Court, the operation of pending non-bailable warrant of arrest issued against him shall be stayed for the next 15 days. 11. On his appearance before the Trial Court, he may pray for any relief to which he is legally entitled. JUDGE Comparing Assistant