Page No.# 1/3 GAHC010247052025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1390/2025 AMIR UDDIN S/O LATE ABDUL WAHID, RESIDENT OFVILLAGE- KURTI, P.O. P.S. BAZARICHERRA, DISTRICT- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MUSTAFA UDDIN S/O LATE A BDUL ROJAK R/O VILL- KURTI WARD NO. 7 P.O. AND P.S. BAZARICHERRA DIST. SRIBHUMI ASSAM PIN-78872 Advocate for the Petitioner : MR. N HAQUE, MR M HUSSAIN,MR. A K AZAD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 14.11.2025 1. Heard Mr. A. K. Azad, 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 BNSS, 2023 has been filed by the petitioner who is aggrieved with the order dated 14.06.2024 passed in Special Sessions Case No. 73/2020 by the Court of learned Sessions Judge, Sribhumi where non-bailable warrant of arrest was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial under Section 4 of the POCSO Act, 2012 in Sessions Case No. 73/2020 before the Court of learned Special Judge, Sribhumi. He submits that on an earlier occasion, the Trial Court had issued non-bailable warrant of arrest against him and he had approached this Court by filing a criminal petition being aggrieved with the said order. On that occasion by order dated 07.01.2025, passed in Criminal Petition No. 7/2025, a Co-ordinate Bench of this Court had directed the petitioner to appear before the Trial Court on 09.04.2025 and stayed the execution of operation of any non-bailable warrant of arrest issued against him. 4. He further submits that on 09.04.2025, the petitioner could not appear before the Trial Court as the mother of the petitioner was seriously ill. He submits that subsequently on 29.08.2025, the mother of the petitioner expired. He further submits that the aforesaid case is fixed before the Trial Court on 17.11.2025 and the petitioner is ready and willing to appear before the Trial Court and face the trial. However, as non-bailable warrant of arrest is pending against him, he seeks an interim protection. 5. Considering the facts and circumstances of this case as well as considering the willingness and undertakings given by the petitioner that he is ready to co-operate in the trial and ready to appear before the Trial Court on the next date, this Criminal Petition is disposed of with a direction to the petitioner to appear before the Court of learned Special Judge, Sribhumi in Page No.# 3/3 Special Sessions Case No. 73/2020 on the next date i.e., 17.11.2025. 6. To facilitate his appearance before the Trial Court on the said date, the execution of the non-bailable warrant of arrest issued against him shall remain stayed till that date. 7. On his appearance before the Trial Court, he may pray for regular bail before the said Court, if so advised. 8. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant