Page No.# 1/3 GAHC010209412025 2025:GAU-AS:13027 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1143/2025 ANANTA DUTTA AND ANR S/O- LATE RUPEN DUTTA, R/O- TITABOR BIRINA SAYEK, P.O- BIRINA SAYEK, P.S- TITABOR, DIST-JORHAT, ASSAM 2: DIGANTA DUTTA S/O- LATE RUPEN DUTTA R/O- TITABOR BIRINA SAYEK P.O- BIRINA SAYEK P.S- TITABOR DIST-JORHAT ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.09.2025 1. Heard Mr. D. Gogoi, the learned counsel for the petitioners. Also heard Page No.# 2/3 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 by the petitioners, namely, 1. Ananta Dutta and 2. Diganta Dutta, impugning the order dated 05.08.2025 passed by the Court of the learned Sub-Divisional Judicial Magistrate(M), Titabar in PRC Case No. 156/2025, whereby, non-bailable warrant of arrest has been issued against both the petitioners. 3. The learned counsel for the petitioners has submitted that in the aforesaid PRC Case, charge sheet was laid against the petitioners under Sections 126(2)/351(2)/281/125A/117(2)/109/3(5) of BNS, 2023. 4. He submits that though charge sheet was laid against 4(four) other co- accused persons also, however, on the very first day after submission of the charge sheet, the Court of the learned Sub-Divisional Judicial Magistrate(M), Titabar by issuing summons to other accused persons had issued non-bailable warrant of arrest against both the petitioners on the ground that they were shown as absconder in the charge sheet. 5. The learned counsel for the petitioners has further submitted that the petitioners are ready to face the trial. However, some interim protection may be granted to them and as pending non-bailable warrant has been there and, therefore, there is an apprehension of getting arrested, if they appear before the Trial Court. 6. I have considered the submissions made by the learned counsel for both sides. 7. It is a settled proposition of law that even if the accused persons are shown as absconder in the charge sheet, the Trial Court should issue the Page No.# 3/3 summons at the first instance and only if after due service of summons, the accused does not appear before the Trial Court, coercive processes like bailable warrant of arrest and non-bailable warrant of arrest may be issued. However, in the instant case, the learned Sub-Divisional Judicial Magistrate(M), Titabar has on the first instance itself after receipt of the charge sheet issued non-bailable warrant of arrest against the present petitioners, which is not in consonance with the law laid down by this Court and several of its judgments. Accordingly, this criminal petition is disposed of by directing the petitioners to appear before the Trial Court in PRC Case No. 156/2025 within a period of 15(fifteen) days from the date of this order. 8. To facilitate their appearance before the said Court, the non-bailable warrant of arrest issued against them shall remain suspended for next 15(fifteen) days. 9. On their appearance before the Court of the learned Sub-Divisional Judicial Magistrate (M), Titabar, the petitioners may pray for any relief to which they are otherwise entitled to, if so advised. JUDGE Comparing Assistant