Page No.# 1/3 GAHC010022712025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./123/2025 JEHERUL @ JAHIRUL ISLAM SON OF ROUSAN @ ROSHAN ALI, RESIDENT OF BAGERGAON, P.S. BIJNI, DIST. CHIRANG, BTAD, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MD ALI AKBAR SK S/O MD.HAIDAR ALI RESIDENT OF CHOTO BHODEYAGURI P.S. KOKRAJHAR DIST. KOKRAJHAR BTAD ASSA Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.02.2025 1. Heard Mr. P.K. Das, the learned counsel for the petitioner. Also Page No.# 2/3 heard MS. S. H. Bora, the learned Additional Public Prosecutor for the State. 2. This is an application Under Section 528 of the BNSS, read with Article 227 of the Constitution of India, has been filed by the petitioner namely, Jeherul @Jahirul Islam, impugning the order dated 09.04.2024 passed by the Learned Special Judge Kokrajhar, in Special POCSO Case No.19/2019. 3. Learned counsel for the petitioner has submitted that the petitioner is facing trial in 2(two) cases i.e Special POCSO Case No.19/2019 pending before the court of learned Special Judge Kokrajhar as well as Special Case No. 57/2024 pending before the Court of learned Special Judge Bongaigaon. 4. The learned counsel for the petitioner submits that by virtue of a NBWA issued by the learned Special Judge Bongaigaon, in Special Case No. 57/2024, he was arrested on 22.02.2024 and he was detained behind the bars for 7 months till 25.09.2024 in connection with the case which pending before Special Judge, Bongaigaon. 5. The learned counsel for the petitioner further submits that in the meanwhile the Special Case No. 19/2019 which is pending before the Court of Learned Special Judge, Kokrajhar, was fixed on 09.04.2024. It is submitted by the learned counsel for the petitioner that as the petitioner was detained behind the bar in connection with the case pending before the court of learned Special Judge, Bongaigaon, he could not appear before the court of learned Special Judge, Kokrajhar, and therefore warrant of arrest was issued against him. 6. The learned counsel further submits that the petitioner is ready to face trial before the court of learned Special Judge, Bongaigaon, however as a NBWA has been issued against him, he apprehends that he may be arrested in execution of the said warrant. He further seeks some interim protection so that Page No.# 3/3 he may appear before the court of learned Special Judge, Kokrajhar, in connection with the Case No. 19/2019. 7. The learned Additional Public Prosecutor for the State, does not opposes the prayer on the ground that the petitioner is willing and intending to face trial. 8. Considering the submissions made by the learned counsel for the petitioner as well as learned Additional Public Prosecutor, this petition is disposed of with a direction to the petitioner to appear before the court of learned Special Judge, Kokrajhar, in Special Case No.19/2019 on 18.03.2025 and co-operate in the trial. 9. To facilitate his appearance before the Trial Court the operation of NBWA issued against him by the said court shall remain suspended till 18.03.2025. 10. With the above observation this Crl. Petn. is disposed of. JUDGE Comparing Assistant