Page No.# 1/3 GAHC010251342025 2025:GAU-AS:15527 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1396/2025 SHARIFUL ISLAM S/O- ABDUL HASIM, VILL.- MAHMARI PATHER, P.S.- LAHARIGHAT, DIST.- MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:BANESA KHATUN W/O- ANISUS JAMAN VILL.- MAHMARI PATHER P.S- LAHARIGHAT DIST. - MORIGAON ASSAM PIN- 782127 Advocate for the Petitioner : MR A ALAM, F. KHATUN,MR. S UDDIN,MR R A AHMED,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 14.11.2025 Page No.# 2/3 1. Heard Mr. R.A. Ahmed, the learned counsel for the petitioner. Also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Shariful Islam, who is aggrieved with the order dated 08.05.2025 and order dated 29.05.2025 and subsequent orders passed in POCSO Case No. 127/2024, whereby the trial court has issued non-bailable warrant of arrest against the petitioner. 3. The learned counsel for the petitioner submits that in the aforesaid case, charge sheet has been laid against the petitioner under Sections 354D/376(3)/341/509/363/511/294 of IPC read with Sections 4/12 of POCSO Act, 2012, showing the petitioner as an absconder in the charge sheet. 4. The petitioner submits that in the said case initially summon was issued to the petitioner. However, as the petitioner was in Kerala for earning his livelihood, he did not receive the summon and accordingly, he could not appear before the trial court. 5. Thereafter, by the order impugned in this case, the trial court had issued non-bailable warrant of arrest against the petitioner. 6. The learned counsel for the petitioner submits that the petitioner is willing and ready to appear before the trial court on the next date fixed, i.e. on 20.11.2025 and co-operate in the trial. Page No.# 3/3 7. Considering the submissions made by the learned counsel for the petitioner as well as considering the fact that the petitioner is ready to appear before the trial court and face trial, this criminal petition is disposed of with a direction to the above-named petitioner to appear before the court of the learned Special Judge, POCSO, Morigaon in Special POCSO Case No. 127/2024, on the next date fixed, i.e. on 20.11.2025 and co-operate in trial. 8. To facilitate his appearance before the trial court, the execution of non-bailable warrant of arrest issued against him shall remain stayed till that day. 9. On his appearance before the trial court, the petitioner may pray for any relief to which he is legality entitled to. 10. This criminal petition is, accordingly, disposed of. JUDGE Comparing Assistant