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2025 DAILYLAW 19879 (GAU)

DILPUL DAS AND ANR v. THE STATE OF ASSAM AND ANR

Crl.Pet./1235/2025 · 2025-10-14

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010218842025 2025:GAU-AS:13764 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1235/2025 DILPUL DAS AND ANR SON OF SRI MONESWAR DAS, RESIDENT OF PICHALAMUKH GAON, P.S. - GOHPUR, DISTRICT - BISWANATH, ASSAM 2: SRI MONESWAR DAS SON OF LATE BOGIRAM DAS RESIDENT OF PICHALAMUKH GAON P.S. GOHPUR DISTRICT- BISWANATH ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI. MARAMI HAZARIKA WIFE OF SRI SURJYA HAZARIKA RESIDENT OF PISOLIMUKH GAON P.S. GOHPUR DISTRICT- BISWANATH ASSAM PIN- 78416 Advocate for the Petitioner : MR. K BORUAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 15.10.2025 Ms. P. Borah, learned counsel for the petitioner and Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State. This application is preferred under Section 528 read with Section 438/442 of the BNSS, 2023 for setting aside the orders dated 20.11.2024, 31.03.2025, 03.06.2025 and 30.08.2025 passed by the learned Special Judge, Biswanath in Special (POCSO) Case No. 93/2023 by which non-bailable warrant of arrest was issued against the petitioners. It is noticed that on 02.07.2024, summons were issued against the petitioners and that on the next date, since the petitioners were absent without any steps NBWA was issued against them and on subsequent dates, NBWA was issued against the petitioners. The learned counsel for the petitioners submits that the petitioners were unaware of the dates and did not receive the summons and as such, could not know that NBWA was issued against them and prayed that the petitioners would appear before the Trial Court on subsequent dates without fail. As such, it is directed that the petitioners may appear before the Trial Court Page No.# 3/3 on the next date i.e., 29.10.2025 without fail and thereafter, may regularly appear before the Trial Court as and when called for. The NBWA issued against the petitioners may be kept in abeyance. Matter is disposed of. JUDGE Comparing Assistant