Page No.# 1/3 GAHC010219292025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1218/2025 SUKUR ALI SON OF HAYET ALI VILL- JHARNARCHAR PT.II, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMT. RUMI GUWALA W/O SRI BIJU GUWALA VILL- JOHAMARI P.S. THELAMARA DIST. SONITPUR ASSA Advocate for the Petitioner : MD. A HUSSAIN, MR. T ISLAM,MR. K ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.09.2025 1. Heard Md. A. Hussain, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This application under Section 528 of BNSS has been filed by the Page No.# 2/3 petitioner impugning the order dated 30.08.2025 passed by the learned Sub- Divisional Judicial Magistrate (S), Sonitpur in G.R. Case No. 293/2017 whereby the non-bailable warrant of arrest have been issued against the petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner has not received any summons from the Trial Court in the aforesaid case. He submits that by the impugned order, the Trial Court without ascertaining due service of summons issued to the petitioner had issued non- bailable warrant of arrest. 4. The learned counsel for the petitioner submits that the next date before the Trial Court in G.R. Case No. 293/2017 is fixed on 10.11.2025 and the petitioner is ready and willing to appear before the Trial Court and to co-operate in the trial. However, he seeks some protection as non-bailable warrant of arrest has already been issued against him. 5. I have considered the submissions made by the learned counsel for both sides and have gone through the records of the case. 6. It appears that before issuing non-bailable warrant of arrest, the Trial Court did not ascertain as to whether summons were duly served on the petitioner or not. There is no report of due service of summons on the petitioner. 7. In any view of the matter, as the petitioner is ready to appear before the Trial Court and face the trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Court of learned Sub-Divisional Judicial Magistrate (S), Sonitpur in G.R. Case No. 293/2017 on the next date i.e., 10.11.2025. Page No.# 3/3 8. To facilitate his appearance before the Trial Court, non-bailable warrant of arrest issued against him by the Trial Court shall remain suspended till 10.11.2025. On his appearance before the Trial Court, the petitioner may seek any relief to which he is legally entitled to. 9. This Criminal petition is accordingly disposed of. JUDGE Comparing Assistant