Page No.# 1/3 GAHC010225952025 2025:GAU-AS:13827 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./420/2025 MD RAFIQUL ISLAM R/O VILL- NAPAM JHARANIGAON, NEARJHARANI LP SCHOOL, P.O. KHALIHAMARI, P.S. TEZPUR DIST SONITPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. MEHUL SHAH,MS P HALDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15-10-2025 Heard Mr. S.C. Biswas, learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State. This is an application filed under Section 442 and 438 BNSS, 2023 read with Section 528 of BNSS, 2023 for quashing the warrant of arrest issued against the petitioner in connection with Tezpur P.S. Case No. 407/2023 under Section 365 IPC corresponding to GR Case No. 1171/2023 and PRC Case No. 1434/2023. Page No.# 2/3 The brief facts of the case as narrated in the FIR lodged on 16.04.2023 by one Abdul Kadir are that the accused applicant along with 3/4 other unknown persons had kidnapped the informant from Maszid in Tezpur, was taken to a place near Jamurighat and after assaulting him left him there. On receipt of the FIR, Tezpur P.S. Case No. 407/2023 was registered and police started investigation into the matter. Learned counsel appearing for the accused applicant has submitted that in the course of investigation, the petitioner was granted pre-arrest bail by the learned Additional Sessions Judge, (FTC), Sonitpur, Tezpur on 16.05.2023 in Misc(Crl) Bail Case No. 257/2023. It is submitted that after the accused applicant appeared before the I/O as per the direction of the Additional Sessions Judge, the petitioner had left for his work in Tawang in connection with a construction project. It is further submitted that charge-sheet dated 31.05.2023 was filed in the aforesaid case and cognizance was taken in the matter on 16.11.2023 by the learned CJM, Tezpur and issued summons to the accused applicant fixing on 11.01.2024 for appearance. It is submitted that on 12.04.2024, the accused applicant appeared through his counsel before the learned CJM and prayed for another date for his appearance as he was unable to appear before the learned CJM on 12.04.2024 and accordingly, the next date was fixed on 18.05.2024. Subsequently, on couple of dates, the accused applicant appeared through his counsel. However, when the matter was fixed on 06.09.2024, the accused applicant neither could be present himself before the learned CJM nor his counsel could be present on behalf of him. In view of non-appearance of him or his counsel, the learned CJM had issued warrant of arrest against the applicant and fixed on 23.10.2024 for his appearance. Learned counsel appearing for the accused applicant has submitted that as the accused applicant was located in Arunachal Pradesh and due to certain technical difficulties regarding issuance of Inner Line Permit, the accused applicant could not be present in the Court of CJM, on few subsequent dates. He submits that at present, the difficulties regarding his appearance before the learned CJM are over and he is willing to appear before the learned CJM on 18.10.2025 and to face the trial. Learned Additional Public Prosecutor submits that though the accused applicant was aware of the pendency of the case before the learned CJM, Tezpur, he did not appear before the learned CJM. He submits that in view of his non-appearance the warrant of arrest was issued against him and therefore, there is no infirmity in issuance of warrant of arrest by the learned CJM. Page No.# 3/3 This Court has considered the submissions made by the respective counsels and has also gone through the materials brought on record before this Court, and after considering the matter in its entirety, this Court is of the opinion that in the instant case, the warrant of arrest so issued by the learned CJM, Tezpur dated 06.09.2024 should be kept in abeyance till his appearance before the trial Court. Therefore, the accused applicant is directed to appear before the learned CJM on the next date fixed i.e. on 18.10.2025. In view of the above, the criminal revision petition stands disposed of. JUDGE Comparing Assistant