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2025 DAILYLAW 7662 (GAU)

ELIAS RAHMAN v. THE STATE OF ASSAM AND ANR

Crl.Pet./178/2025 · 2025-02-23

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010032502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./178/2025 ELIAS RAHMAN S/O JALALUDDIN, RESIDENT OF GUNAIBORI, MORIGAON, DIST MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:ROFIQUL ISLAM S/O HABEJ ALI RESIDENT OF PAKUA KATA PS LAHARIGHAT DIST. MORIGAON ASSA Advocate for the Petitioner : MR. A KHANDAKAR, MR P J DUTTA,MR B P BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 24.02.2025 1. Heard Mr. B. P. Borah, the learned counsel for the petitioner. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State respondent. 2. This criminal petition under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Elias Rahman, who is aggrieved by order dated 21.12.2024, by which non-bailable warrant of arrest was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the name of the petitioner has been shown as an absconder in the charge sheet which was filed in PRC Case No. 248/2020. He submits that the petitioner has not received any summons from the Trial Court. 4. The learned counsel for the petitioner further submits that the petitioner is ready to face the trial. However, to facilitate his appearance before the Trial Court, some protection may be afforded to him. 5. I have considered the submissions made by learned counsel for both the sides and perused the materials available on record. 6. Considering the fact that the petitioner is ready to face the trial, this Criminal Petition is hereby disposed of with a direction to the petitioner to appear before the Trial Court on the next date fixed, i.e., is 05.04.2025 in PRC Case No. 248/2020 before the Court of learned Judicial Magistrate First Class, Morigaon. 7. To facilitate his appearance before the said Court, the operation of non- bailable warrant of arrest issued against the above-named petitioner shall Page No.# 3/3 remain suspended till that date, i.e., 05.04.2025. 8. With above observation, this Criminal Petition is disposed of. JUDGE Comparing Assistant