Page No.# 1/3 GAHC010241452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1340/2025 KASHEM ALI S/O- LATE IDHU SHEIKH, R/O- VILL- SATIPUR, PS- KAJALGAON, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MUSTT. MALLIKA SULTANA D/O MAMUD ALI W/O KASHEM ALI RESIDENT OF VILL- 2 NO. GARUGAON P.O. DHALIGAON P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.11.2025 1. Heard Mr. M. A. Mondal, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 528 of BNSS has been filed by the Page No.# 2/3 petitioner, namely, Kashem Ali who is impugning the order dated 30.08.2025 passed by the Court of learned Special Judge, Bongaigaon in Special (POCSO) Case No. 45/2025 whereby non-bailable warrant of arrest were issued to the present petitioner. 3. The learned counsel for the petitioner submits that though the petitioner received summons from the Trial Court in the aforesaid case, however, he could not appear on the fixed date as he was suffering from high fever. He further submits that the next date of the aforesaid case is fixed on 16.12.2025 and the petitioner is ready to appear before the Trial Court on the said date and co-operate in the trial. However, he submits that as a pending non-bailable warrant of arrest is there against the petitioner, some interim protection may be granted so as to facilitate his appearance before the Trial Court. 4. 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 the trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Court of learned Special Judge, POCSO, Bongaigaon in Special (POCSO) Case No. 45/2025 on the next date fixed i.e., 16.12.2025. 5. To facilitate his appearance before the Trial Court, the non-bailable warrant of arrest issued against him by the Trial Court shall remain suspended till the next date fixed i.e., 16.12.2025. 6. On his appearance before the Trial Court, the petitioner may seek any appropriate relief before the said Court to which he is legally entitled to, if so advised. Page No.# 3/3 7. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant