Page No.# 1/3 GAHC010262722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1548/2024 SARFARAJ AHMED S/O LATE ANSARUL HOQUE R/O GAURIPUR, CHOWRANGIMORE GAURIPUR, WARD NO. 4, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN-783331 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M SARANIA, MR. P P GOGOI,MR A SARANIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-01-2025 Heard Mr. M. Sarania, the learned counsel for the petitioner. Also heard Ms. S.H. Borah, the learned Additional Public Prosecutor appearing on behalf of Page No.# 2/3 State respondent. 2. This is an application u/s 528 of the Bharatiaya Nagarik Suraksha Sanhita, 2023 against the criminal proceeding being PRC No. 1054/2023 arising out of Dhubri P.S. Case No. 1403/2020 under Section 379 of I.P.C (section 303 of BNS, 2023) read with section 11(i)(a)(b)(d) of Prevention of Cruelty to Animal Act, 1960 pending before learned Sub-divisional Judicial Magistrate (S), Dhubri. 3. It is submitted by Mr. Sarania, the learned counsel for the petitioner that the accused/petitioner was shown as an absconder in the charge-sheet though the police never searched for him during the investigation. Further he submitted that his brother who is one of the co-accused in this case was earlier arrested and he was released on bail. But, the petitioner was never searched by police for which he could not appear before the Investigating Officer during the investigation. However, he is ready and willing to appear before the learned Trial Court below to contest the trial accordingly. He further submitted that the summonses were issued against him but till date those have not been served on him. However, he came to know about the issuance of summonses. Hence, he appeared before this Court and prayed for some interim protection so that he may appear before the learned Trial Court below and contest the case. 4. Ms. S.H. Borah, the learned Additional Public Prosecutor submitted in this regard that the present petitioner is shown as an absconder in the charge- sheet. However, he may be given one chance to appear before the learned Trial Court below with an appropriate application for bail, which may be considered in accordance with law. 5. I have considered the submissions made learned counsel for both sides. I have also perused the case record and annexures filed along with the petition Page No.# 3/3 and the order-sheets. 6. It is seen that the accused was shown as an absconder and till date only summonses were issued against him. However, considering the submission made by learned counsel for the petitioner, he may be given one chance to appear before the learned Trial Court below with an appropriate application for bail, which shall be considered in accordance with law. 7. The accused/petitioner is hereby directed to appear before the learned Court below within 15 days from the date of order and till then no coercive action shall be taken against him. 8. With the above observations, the criminal petition stands disposed of. JUDGE Comparing Assistant