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2025 DAILYLAW 7212 (GAU)

MARUF ALI v. THE STATE OF ASSAM AND ANR

Crl.Pet./171/2025 · 2025-02-17

Mridul Kumar Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010026742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./171/2025 MARUF ALI S/O LATE HASIMUDDIN R/O VILL-NO. 3 BALUR CHAR, P.S. AND DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:NURUL ISLAM D/O IDRISH ALI ASI OF SALONIBARI OUT POST P.S.TEZPUR DIST. SONITPUR ASSA Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.02.2025 1. Heard Mr. A. Rahman, the learned counsel for the petitioner. Also heard Mr. D. Das, the learned Additional Public Prosecutor for the State respondent. 2. This criminal petition under section 528 of BNSS has been filed by the petitioner, namely, Maruf Ali, impugning the order dated 15.03.2022, and subsequent order passed by the Court of learned Judicial Magistrate 1st Class, Sonipur at Tezpur, in G. R. Case No. 2988/2016 whereby the non bailable warrant of arrest has been issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner has not received any summons from the Trial Court, however, he is willing and ready to face the trial. 4. The learned counsel for the petitioner submits that the petitioner may be granted some interim protection so that he may appear before the Trial Court to face trial and pray for appropriate relief before the Trial Court. 5. The learned Additional Public Prosecutor does not oppose the prayer for interim protection on the ground that the petitioner is willing and ready to face the trial. 6. Considering the submission made by the learned counsel for the petitioner, this criminal petition is disposed of with a direction to the petitioner to approach before the Trial Court within a period of 15 days from the date of this order and co-operate in the trial. 7. On his appearance before the Trial Court, he may pray for any such Page No.# 3/3 relief to which he may be entitled to, if so advised. 8. To facilitate his appearance before the Trial Court, the non bailable warrant of arrest against the petitioner issued by the trial court shall remain suspended for the next fifteen (15) days. 9. With the above observations, this criminal petition is disposed. JUDGE Comparing Assistant