Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 24506 (GAU)

AFTABUR RAHMAN v. THE STATE OF ASSAM AND ANR

Crl.Pet./1359/2025 · 2025-11-09

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010244282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1359/2025 AFTABUR RAHMAN SON OF LT JILLUR RAHMAN, VILL- BALAPARA, P.S. JOGIGHOPA, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:JAHANGIR ALOM SON OF MD ABDUL HAMID R/O VILLAGE KARBALA P.O. GOALPARA P.S. GOALPARA DIST. GOALPARA ASSA Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MS. P AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.11.2025 1. Heard Mr. M. I. Hussain, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Aftabur Rahman, who is aggrieved with the order dated 11.04.2023 and subsequent orders passed in PRC Case No. 309/2019 pending in the Court of learned Chief Judicial Magistrate, Goalpara. 3. The learned counsel for the petitioner submits that the petitioner could not appear before the trial court as he was no aware of the dates fixed in the said case as he was outside the State that in the State of Meghalaya for earning his livelihood. 4. Now the petitioner has come to know that the aforesaid PRC Case No. 309/2019 is fixed on 14.11.2025 and he is ready to appear before the said court and to face trial court. 5. He submits that some interim protection may be granted, so as to facilitate his appearance before the trial court. 6. After considering the submissions made by the learned counsel for the petitioner, this court is of the considered opinion that since the petitioner is willing to cooperate in the trial, he is directed to appear before the trial court i.e. the Court of learned Chief Judicial Page No.# 3/3 Magistrate, Goalpara on the next date fixed in PRC Case No. 309/2019 i.e., on 14.11.2025. 7. To facilitate his appearance before the trial court on the aforesaid date, the non-bailable warrant of arrest issued against the petitioner shall remain stayed till that day. 8. This criminal petition is, accordingly, disposed of. JUDGE Comparing Assistant