Page No.# 1/3 GAHC010036292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./201/2025 MIDUL ISLAM @ MOIDUL ISLAM S/O- ABDUL JALIL R/O- SIDDHESWARPUR, PO HINDU BLOCK, PS DOBOKA, DIST- HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F U BARBHUIYA, MS S DAS,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, MR. P N GOSWAMI, SPL. PP, WILDLIFE BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 03.03.2025 1. Heard Mr. F.U. Barbhuiya, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 read with Section 442 of the Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Midul Islam@Moidul Islam, impugning the order dated 30.12.2021, passed by the learned Chief Judicial Magistrate, Kamrup(M) in C.R. Case No. 1714c/2019, whereby, non- bailable warrant of arrest was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that when the first order of non- bailable warrant of arrest was issued, Covid-19 was going on and due to the prevalence of the Covid-19 pandemic; he could not appear before the Trial Court. Later on, due to the communication gap with the counsel, he failed to appear before the Trial Court. However, the learned counsel for the petitioner submits that the next date of the C.R. Case No. 1714c/2019, is fixed on 06.01.2025 and the petitioner is ready and willing to face the trial by appearing before the Trial Court. However, as non- bailable warrant of arrest has been issued against him, he needs some protection from this Court so that he may appear before the Trial Court. 4. I have considered the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor. 5. Considering the ground of default shown by the petitioner as well as the fact that he is ready and willing to face the trial, this criminal petition is disposed of with a direction to the above-named petitioner to appear before the Court of the learned Chief Judicial Magistrate, Kamrup(M) in the C.R. Case No. 1714c/2019 on the next date fixed before the Trial Court, i.e. on 07.05.2025. Page No.# 3/3 6. To facilitate his appearance before the Trial Court, the non- bailable warrant of arrest issued against him by the Trial Court shall remain suspended till 07.05.2025. 7. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant