Page No.# 1/3 GAHC010219662025 2025:GAU-AS:13517 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1223/2025 SHORIFUL ISLAM SON OF LATE- HATEM ALI RESIDENT OF VILLAGE- NO.2 BORCHALA, POST OFFICE - BORCHALA, POLICE STATION- NORTH LAKHIMPUR, DISTRI- LAKHIMPUR, ASSAM, PIN- 787023 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR,ASSAM 2:MUSST ASIYA KHATUN WIFE OF ABDUL HEKIM RESIDENT OF VILLAGE- NO.2 BORCHALA POST OFFICE- BORCHALA POLICE STATION- NORTH LAKHIMPUR DISTRI- LAKHIMPUR ASSAM PIN- 78702 Advocate for the Petitioner : ALHAJJ I UDDIN, H M I HOQUE,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 26.09.2025 1. Heard Mr. A.I. Uddin, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This petition under Section 528 of the BNSS, 2023, has been filed by the petitioner, namely, Shoriful Islam, who is aggrieved with the order dated 27.05.2025, by the Court of the learned Chief Judicial Magistrate, Lakhimpur had issued non-bailable warrant of arrest against the present petitioner. 3. The learned counsel for the petitioner has submitted that though the charge sheet has been laid against the present petitioner in PRC Case No. 1605/2022 under Section 376 of the Indian Penal Code, 1860 and the Trial Court though issued summons at the first instance, however, without ascertaining the due service of summons, it issued non- bailable warrant of arrest. 4. He further submits that the report of the bailable warrant of arrest issued against the petitioner clearly shows that the petitioner was not found in his residence. However, in spite of that the non-bailable warrant of arrest issued against him. 5. The learned counsel for the petitioner has submitted that the next date of the PRC Case No 1605/2022 is fixed on 14.11.2025 and the Page No.# 3/3 petitioner is willing to appear before the said Court and co-operate in the trial. However, he seeks some protection as pending non-bilable warrant of arrest has been issued against him. 6. Considering the submissions made by the learned counsel for the petitioner, this criminal petition is disposed of with a direction to the petitioner to appear before the said Court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in PRC Case No. 1605/2022 on 14.11.2025, i.e. the next date fixed for appearance of the petitioner in the said case. 7. To facilitate his appearance before the said Court, the operation of non-baiable warrant of arrest shall remain suspended till that day. 8. This criminal petition is, accordingly, disposed of. JUDGE Comparing Assistant