Page No.# 1/4 GAHC010005542025 2025:GAU-AS:4458 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./34/2025 AFZALUR RAHMAN @ AFZAL HUSSAIN AND 3 ORS S/O ABDUL SAMAD, RESIDENT OF VILLAGE KALAPAKANI AJKHANDA, PS DHUBRI, DIST DHUBRI, ASSAM 2: FAJLUL HOQUE @ FAJALUL HOQUE S/O IMAN ALI RESIDENT OF VILLAGE BAILARCHAR (RESERVERCHAR) PATAMARI PO KOLAPAKANI 2 PS DHUBRI DIST DHUBRI ASSAM 3: USMAN GANI MONDAL S/O ABDUL HASEN ALI RESIDENT OF VILLAGE MANANCHAR PO PATTARMARI PS AND DIST DHUBRI ASSAM 4: KURAN MONDAL @ OURAN SHEIKH S/O BISHA MANDAL RESIDENT OF VILLAGE KALAPAKANI AJKHANDA PO PATTAMARI PS AND DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 09.04.2025 Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State respondent. 2. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing and setting aside the Order dated 03.02.2024 and all the subsequent orders passed by the learned Chief Judicial Magistrate, Dhubri, in PRC Case No. 86/2024 corresponding to GR Case No. 1896/2023 arising out of the Dhubri Police Station Case No. 494/2023 so far it relates to issuance of Bailable Warrant of Arrest (BWA) of Rs. 5000/- each against the petitioners. 3. The brief facts of the case is that the petitioners were named accused in the Dhubri Police Station Case No. 494/2023 and were chargesheeted vide Charge-Sheet No. 45/2024 dated 31.01.2024. However, since they were absconding they were shown as absconder and by Order dated 03.02.2024, the Chief Judicial Magistrate, Dhubri in PRC Case No. 86/2024 was pleased to issue BWA of Rs. 5000/- to each against the petitioners. Thereafter, which was followed by subsequent orders dated 27.03.2024, 01.07.2024, 30.08.2024 and 14.11.2024. Situated thus, the present petition has been filed. 4. Mr. M. Ahmed, learned counsel for the petitioners submits that the case made out in the FIR was primarily against one Hamidul Islam and on the basis of his statement on interrogation to the effect that the petitioners are also involved in the Page No.# 3/4 transaction in question, subject FIR was filed alongwith Hamidul Islam. 5. It appears that after filing of chargesheet, separate trial as regards Hamidul Islam was conducted being Sessions Case No. 51/2024, wherein the Trial Court was pleased to acquit the co-accused Hamidul Islam. 6. Mr. M. Ahmed, learned counsel accordingly submits that the case of the prosecution against the petitioners in such situation shall be weakened. He further submits that the petitioners are ready and willing to appear before the Trial Court on all dates. 7. Mr. K.K. Parashar, learned Addl. Public Prosecutor fairly submits that if the petitioners are ready and willing to appear on all dates fixed by the Trial Court, the instant petition can be disposed of with a direction to the petitioners to appear before the Trial Court on a particular dates and upon such appearance, the Trial Court may pass appropriate orders. 8. I have heard the learned counsels appearing for the parties and I have also perused the materials available on record. 9. It appears that the petitioners on oath have affirmed in the petition that they are ready to face the trial in the instant case without fail. It further appears that Mr. M. Ahmed, learned counsel for the petitioners has also assured before this Court that the petitioners shall face the trial without fail. 10. In view of the aforesaid endorsement made by the learned counsels for the parties, this Court, in the ends of justice, deems appropriate to dispose of this petition by directing the petitioners to appear before the Trial Court on the next date of the trial i.e. 24.04.2025 and upon such appearance, the Trial Court shall recall the Order dated 03.02.2024 and all the subsequent orders passed by the learned Chief Judicial Magistrate, Dhubri, in PRC Case No. 86/2024 so far it relates to issuance of Bailable Warrant of Arrest (BWA) of Rs. 5000/- each against the petitioners and proceed Page No.# 4/4 thereof in accordance with law. Ordered accordingly. 11. It is needless to be clarified that till the next date of the trial i.e. 24.04.2025, the petitioners shall not be arrested. Disposed of. JUDGE Comparing Assistant