Page No.# 1/3 GAHC010020342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./117/2025 AMDADUL HOQUE @ ANZAR ALI S/O ABDUL KADIR R/OVILL-SALKATHI PATHAR P.S. DHING DIST. NAGAON, ASSAM PIN-782123 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:PYARA BEGUM W/O MD. SAHAR ALI VILL-DUDU COLONY P.S. KHATKHATI DIST. KARBI ANGLONG ASSA Advocate for the Petitioner : MR A A DEWAN, S.D. AHMED,MR A MALEK,MR H A RASHID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.02.2025 Heard Mr. A.A. Dewan, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Page No.# 2/3 Additional Public Prosecutor. 2. This is an application under Section 528 of the BNSS, 2023 has been filed by the petitioner impugning the order dated 24.09.2019 and subsequent orders thereof, whereby, the Court of learned Additional Sessions Judge cum Special Judge, POCSO, Karbi Anglong issued Non-Bailable Warrant of Arrest (NBWA) against the petitioner in POCSO Case No.43/2019. 3. Learned counsel for the petitioner has submitted that Khatkhati P.S. Case No.109/2017 after completion of the investigation, charge-sheet was laid against the present petitioner under Section 376AB/511 IPC showing the present petitioner as an absconder and the learned Special Judge, Karbi Anglong, Diphu at the very first instance issued NBWA against the present petitioner. 4. Learned counsel for the petitioner has submitted that it is a settled law that after receipt of the charge-sheet, even if the name of an accused is shown as an absconder in the charge-sheet, the prior procedure is to issue summon at the first instance. He submits that the petitioner is not aware of the pendency of the case against him as no summon was issued against him. 5. He submits that the petitioner is ready to face the trial and to cooperate in the trial. However, as a pending NBWA is there against him, he apprehends that he may be detained, if he appears before the Trial Court. 6. Learned Additional Public Prosecutor fairly submits that the Trial Court ought to have issued summons at the first instance instead of issuing NBWA on the very first day. 7. I have considered the submissions made by the learned counsel for the parties and have also gone through the materials available on record. 8. It appears that on 24.09.2019, the Trial Court while taking cognizance of offence on receipt of the charge-sheet, issued NBWA on the very first instance, instead of issuing any summons to the present petitioner, which in the considered opinion of this Court is a wrong approach. Page No.# 3/3 9. As the petitioner is ready to face the trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Court of learned Sessions Judge cum Special Judge, POCSO Karbi Anglong in POCSO Case No.43/2019 on 17.02.2025, i.e., the next date fixed before the trial Court and cooperate in the trial. 10. To facilitate the appearance of the petitioner before the Trial Court on the above mentioned date, the operation of NBWA issued against the petitioner in the aforesaid case shall remain suspended till 17.02.2025. JUDGE Comparing Assistant