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2025 DAILYLAW 28016 (GAU)

MUKTAR ALI v. THE STATE OF ASSAM

Crl.Pet./1089/2025 · 2025-11-05

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010197872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1089/2025 MUKTAR ALI SON OF HASEN ALI R/O VILL- SARISHA BARI P.S. DALGAON DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED, C S KAMTHONG,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.11.2025 1. Heard Mr. S. A. Ahmed, the learned counsel for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 528 of the BNSS, 2023 read with Page No.# 2/3 Section 482 has been filed by the petitioner namely, Muktar Ali, impugning the order dated 26.08.2022 and subsequent orders thereto whereby non bailable warrant of arrest were issued against the petitioner by the Court of learned Chief Judicial Magistrate, Mangaldai in connection with PRC Case No. 1417/2019 3. The learned counsel for the petitioner has submitted that the petitioner was earlier on bail, granted during investigation by police however, after filing of the chargesheet he did not receive any summons. 4. He further submits that the PRC case No. 1417/2019 is fixed today by the Trial Court however, he is ready to appear before the Trial Court on the next date fixed and seeks some protection in order to do so as non bailable warrant of arrest have already against him. 5. Considering the submissions made by the learned counsel for both slides, this Criminal Petition is disposed of with an observation that the petitioner will appear before the Court of learned Chief Judicial Magistrate, Mangaldai in PRC case No. 1417/2019 on the next date fixed by the Trial Court today in the said case. 6. In order to facilitate his appearance before the Trial Court the execution of non bailable warrant issued against him by the Trial Court shall remain stayed till the next date to be given by the Trial Court today in the PRC case No. 1417/2019 Page No.# 3/3 7. With the above observation, this Criminal Petition is, accordingly, disposed of. JUDGE Comparing Assistant