Page No.# 1/3 GAHC010245742025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1372/2025 ABDUL HANNAN @ LAL MIA AND 2 ORS. S/O LATE MUBARAK ALI R/O VILL- KANGTE, P.S. KARIMGANJ DIST. SRIBHUMI, ASSAM 2: AMIR UDDIN S/O ABDUL HANNAN @ LAL MIA R/O VILL- KANGTE P.S. KARIMGANJ DIST. SRIBHUMI ASSAM 3: ABDUL HASIM S/O ABDUL HANNAN @ LAL MIA R/O VILL- KANGTE P.S. KARIMGANJ DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, GOVT. OF ASSAM 2:RAHELA BEGUM W/O ABDUL AZIZ VILL- KANGTAR P.S. KARIMGANJ DIST. SRIBHUMI ASSA Advocate for the Petitioner : MS. R CHOUDHURY, MD. MEMON AHMED,MS. B. HAZARIKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.11.2025 1. Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application under Section 528 of BNSS, 2023 has been filed by the present petitioners, namely, 1. Abdul Hannan @ Lal Mia, 2. Amir Uddin, and 3. Abdul Hasim. The petitioners are mainly aggrieved with showing of their names in the charge-sheet submitted in PRC Case No. 1675/2024 as absconder and they are also aggrieved that orders of the learned Sub-Divisional Judicial Magistrate(S), Karimganj whereby non-bailable warrant of arrest were issued against the petitioners. 3. The learned counsel for the petitioners has submitted that in the aforesaid case during the pendency of the investigation, the petitioners were allowed to go on interim bail by the Court on learned Additional Sessions Judge, Karimganj on 24.05.2023 in Bail Application No. 96/2023. She submits that in pursuant to the interim bail granted by the said Court, the petitioners had approached before the Investigating Officer, however, in the charge-sheet laid in connection with the aforesaid case, the Investigating Officer has stated that in spite of the grant of interim bail to the present petitioners they failed to appear before the Investigating Officer and, therefore, they were declared as absconder. 4. The learned counsel for the petitioners submits that though the Committal Court has issued non-bailable warrant of arrest against the petitioners and fix the next date of the said case on 19.11.2025, the petitioners are ready and Page No.# 3/3 willing to appear before the Court on the said date. However, the learned counsel for the petitioners prays for grant of some interim relief to the petitioners. 5. After considering the submissions made by the learned counsel for the petitioner as well as learned Additional Public Prosecutor, since, the petitioners are willing to appear before the Court and to co-operate in the trial, hence, this criminal petition is disposed of with a direction to the above named petitioners to appear before the Court of learned SDJM (S), Sribhumi on the date fixed in PRC Case No. 1675/2024 i.e., 19.11.2025. 6. To facilitate his appearance before the Trial Court, the operation of non- bailable warrant of arrest issued against them shall be kept in abeyance till that date. 7. On their appearance before the said Court, the petitioners may seek any relief to which they are legally entitled to. 8. This criminal petition is accordingly disposed. JUDGE Comparing Assistant