Page No.# 1/3 GAHC010243422025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1358/2025 JAHANGIR KHAN ALIAS JAHANGIR ALOM KHAN S/O MOKSED ALI KHAN R/O KAJAIKATA PT V, PO AND PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:JAKARIA HUSSAIN S/O HABIBAR RAHMAN R/O VILL KAJAIKATA PT. V PS BILASIPARA DIST DHUBRI ASSAM PIN 78334 Advocate for the Petitioner : MR. M U MONDAL, S S AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.11.2025 1. Heard Mr. S. S. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application under Section 528 of the BNSS has been filed by the petitioner who is aggrieved by the order dated 29.07.2024 and subsequent orders passed by the Court of learned Special Judge, Bilasipara whereby the non-bailable warrant of arrest were issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner has been showing as an absconder in the charge-sheet laid against him in the Special (POCSO) Case No. 26/2024 pending before the Court of learned Special Judge, Bilasipara. He submits that it is a well settled proposition of law that even if the name of an accused is shown as an absconder in the charge-sheet, the Trial Court should at the first instance issue summons and should not go for issuing non-bailable warrant of arrest at the first instance. Whereas, the Trial Court on receipt of the charge-sheet, at the first instance itself, issued non-bailable warrant of arrest against the present petitioner. He further submits that the next date of the aforesaid case is fixed on 26.11.2025 and the petitioner is willing to appear before the Trial Court and co-operate in the trial, however, as non-bailable warrant is pending against him, he seeks some interim protection from the Court. 4. The learned Additional Public Prosecutor does not raise any objection regarding grant of interim protection only for the purpose of appearing before the Trial Court. 5. Considering the submissions made by the learned counsel for the petitioner and considering the fact that the petitioner is willing and ready to co- operate in the trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Trial Court i.e., the Court of learned Special Judge, Bilasipara in Special (POCSO) Case No. 26/2024 on the next date fixed i.e., 26.11.2025. Page No.# 3/3 6. To facilitate his appearance before the Trial Court on the said date, the operation of the non-bailable warrant of arrest issued against him shall remain suspended till that date only. 7. On his appearance before the Trial Court, he may pray before the Trial Court any relief to which he is legally entitled to. 8. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant