Page No.# 1/4 GAHC010283462025 2025:GAU-AS:17656 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1610/2025 MD JAMIRUDDIN ALIAS JAMIR HUSSAIN SON OF MD. BABUL ALI, VILL-TEWARIPAL NO.2 ADABETI PO-TEWARIPAL, PS-SOOTEA,DISTRICT BISWANATH, ASSAM. MOBILE NO. 6001662987 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 18-12-2025 Heard Mr. P. Neog, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam. 2. On 24.08.2023, a First Information Report [FIR] was lodged by one Page No.# 2/4 Musstt. Najima Khatun before the Officer In-Charge, Sootea Police Station alleging inter alia that on 23.08.2023, the petitioner kidnapped the informant’s 16 years old daughter by giving her false promise of marriage. The FIR was registered as Sootea Police Station Case no. 81/2023 on 24.08.2023 and thereafter, investigation ensued. 3. The investigation resulted in Charge-Sheet no. 79 on 31.08.2023 wherein the Investigating Officer reported that a prima facie case had been well established against the petitioner for committing the offence under Section 366, Indian Penal Code [IPC]. On submission of the Charge-Sheet, the petitioner appeared before the Court of Chief Judicial Magistrate, Biswanath in PRC no. 1061/2023, corresponding to Sootea Police Station Case no. 81/2023. As the petitioner was earlier granted bail, he submitted an application to allow him to remain on previous bail before the Court of learned Chief Judicial Magistrate, Biswanath. The said application was allowed by the Court by an Order dated 16.03.2024. 4. As the offence under Section 366, IPC is exclusively triable by the Court of Sessions, the case records of PRC no. 1061/2023, corresponding to Sootea Police Station Case no. 81/2023, stood committed to the Court of Sessions, Biswanath wherein the case has been registered as Sessions Case no. 55/2024. 5. On 30.11.2024, the Court of Sessions finding that after committal of the case, the petitioner did not take any steps on and from 02.04.2024, ordered for issuance of non-bailable warrant of arrest against the petitioner fixing 18.01.2025 as the next date. On subsequent dates also, orders for issuance of warrant of arrest against the petitioner were passed. Page No.# 3/4 6. The petitioner preferred a criminal petition under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 before this Court aggrieved by issuance of warrant of arrest by Order dated 30.11.2024 and the subsequent Orders. The said criminal petition was registered as Criminal Petition no. 1129/2025. This Court, on 11.09.2025, disposed of the criminal petition taking note of the undertaking given by the petitioner to face trial thenceforth regularly and to facilitate his appearance before the Trial Court on the next date fixed, 11.11.2025. The warrant of arrest issued against the petitioner was directed to remain in abeyance till 11.11.2025. 7. The petitioner had again faltered on 11.11.2025 by not appearing before the Court of Sessions, Biswanath and the Court of Sessions recording his absence on 11.11.2025, has ordered for issuance of fresh warrant of arrest against the petitioner. 8. In the above backdrop, the petitioner has approached before this Court again preferring the present criminal petition under Section 528, BNSS against the Order dated 11.11.2025. 9. The petitioner has reiterated that he is ready and willing to face the trial henceforth without any default. It has been projected that on 10.11.2025, the petitioner suffered from vomiting and diarrhea and when consulted, the petitioner was advised rest. It was due to such reason, the petitioner defaulted to appear before the Court of Sessions, Biswanath on 11.11.2025. 10. The petitioner is the sole accused in Sessions Case no. 55/2024. As the petitioner has undertaken to appear in the trial henceforth regularly, without any default on any date hereinafter, this Court by taking into consideration the Page No.# 4/4 interest of expeditious conclusion of the trial is of the view that for a period of 15 days from today the warrant of arrest issued against the petitioner by Order dated 11.11.2025 can be kept in abeyance in order to enable the petitioner to appear before the Court of Sessions, Biswanath within such 15 days without the apprehension of being taken into custody on the strength of warrant of arrest already issued against him. It is ordered accordingly. 11. The petitioner shall appear before the Court of Sessions, Biswanath within a period of 15 days from today. It is observed that in the event of failure on the part of the petitioner to appear before the Court of Sessions, Biswanath, the warrant of arrest issued against the petitioner would stand revived. It is further observed that upon his appearance before the Court of Sessions, Biswanath, if the petitioner files an application for recall of the warrant of arrest or any application for his release on fresh bail, the Court of Sessions shall consider the same on its own merits and in accordance with law. 12. This Order disposes of the criminal petition. JUDGE Comparing Assistant