Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1206/2025 RAJU ALI SON OF MEHTAB ALI VILLAGE GHOPLA, P.O. KANIHA, P.S. KAMALPUR, PIN NO. 781380, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI AMIT JAIN SON OF SRI HIRA JAIN RO OF RIHABARI A.K. AZAD ROAD NILACHAL APARTMENT P.S. PALTANBAJAR DISTRICT KAMRUP (M) GUWAHATI ASSA Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 24.09.2025
1. Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr.
Page No.# 2/3 K.K. Parasar, learned Additional Public Prosecutor for the State.
2. This application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), read with Article 227 of the Constitution of India, has been filed by the petitioner, being aggrieved by the order dated 11.06.2025 and subsequent orders passed by the learned Additional Chief Judicial Magistrate, Bongaigaon, in PRC Case No. 175/2020, whereby non-bailable warrants of arrest were issued against the present petitioner.
3. The learned counsel for the petitioner has submitted that the petitioner is facing trial under Section 407 of the Indian Penal Code, 1860, before the Court of the learned Additional Chief Judicial Magistrate, Bongaigaon, in PRC Case No. 175/2020. It is submitted that the petitioner had been regularly appearing before the trial court; however, he defaulted on 11.06.2025 as he was out of station on that date.
4. The petitioner further submits that the next date fixed in the matter is tomorrow, i.e., 25.09.2025, and he is ready and willing to appear before the trial court. However, in view of the non-bailable warrant of arrest already issued against him, the petitioner is praying for some protection. I have considered the
submissions made by the learned counsel for both sides and have perused the materials available in the case diary.
5. Considering the fact that the petitioner is ready to appear before the trial court on the next date fixed and is willing to cooperate in the trial, this criminal petition is disposed of with a direction that the petitioner shall appear before the Court of the learned Additional Chief Judicial Magistrate, Bongaigaon, in PRC Case No. 175/2020, on 25.09.2025. To facilitate his appearance before the said court, the non-bailable warrant of arrest issued against him by the trial court
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6. On his appearance before the trial court the petitioner may pray for any appropriate relief to which he is legally entitled to before the said court. JUDGE Comparing Assistant