Page No.# 1/3 GAHC010229352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1312/2024 MOHIDUL ISLAM S/O- KAMAL ALI, R/O- BARBHETA, P.S- CHAYGAON, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 23.01.2025 Heard Mr. F. Haque, learned counsel for the petitioner and also heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam, appearing for the State respondent. In this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita Page No.# 2/3 (BNSS), 2023, is preferred by the petitioner challenging the correctness or otherwise of the orders dated 27.03.2024, 28.05.2024, 06.08.2024 and 01.10.2024, passed by the learned Special Judge, POCSO, Kamrup(M), Guwahati, in Sessions (Spl.) Case No.49/2021, under Section 4 of the POCSO Act. Mr. Haque, learned counsel for the petitioner submits that the petitioner has been facing trial in Sessions (Spl.) Case No.49/2021 under Section 4 of the POCSO Act and he is a daily wage earner and because of his avocation he was required to move from one place to another and therefore, he could not appear before the learned Trial Court on 27.03.2024, 28.05.2024, 06.08.2024 and 01.10.2024, for which the learned Trial Court has issued non-bailable warrant of arrest against him and that he is ready to face the trial and will appear before the learned Trial Court on each and every date and therefore, Mr. Haque contended that only one opportunity may be afforded to the petitioner. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor, Assam, submits that the conduct of the petitioner is not at all satisfactory and he is irregular in appearing before the Court and as such, the learned Trial Court had rightly issued the non-bailable warrant of arrest against the present petitioner and therefore, Mr. Sharma has contended to dismiss the petition. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and also perused the scanned copy of the record received from the learned Trial Court. It appears that the conduct of the petitioner is not at all satisfactory. However, in view of the assurance given by learned counsel for the petitioner and also considering the facts and circumstances on the record, this Court is inclined to allow this petition. The petitioner is directed to appear before the learned Trial Court with a prayer to recall the non-bailable warrant of arrest issued against him and in the event of filing such a petition, the learned Trial Court shall recall the non-bailable warrant of arrest issued vide orders dated 27.03.2024, 28.05.2024, 06.08.2024 and 01.10.2024, and thereafter, Page No.# 3/3 hear the matter in accordance with law. In terms of above, this criminal petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE