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2025 DAILYLAW 7986 (GAU)

MEHAR ALI v. THE STATE OF ASSAM AND ANR

Crl.Pet./215/2025 · 2025-02-24

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010037342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./215/2025 MEHAR ALI S/O ABUL HUSSAIN, RESIDENT,44 NO. PASCHIM PAKKA GAON PANCHAYAT, RESIDENT OF KAYAKUCHI PATHAR, P.S AND DISTRICT BARPETA, ASSAM, PIN 781352 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JAMAL UDDIN S/O LATE AMIN UDDIN R/O MARICHA PATHAR PIN 781352 P.S AND DISTRICT BARPETA ASSAM PIN 78135 Advocate for the Petitioner : MR S H SIKDAR, MD IMRAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25-02-2025 1. Heard Mr. S.H Sikdar, learned counsel for the petitioner. 2. This application under Section 528 of B.N.S.S, 2023 has been filed by Page No.# 2/3 the petitioner who has been aggrieved by an order dated 06.02.2025 passed by learned Additional Chief Judicial Magistrate, Barpeta in C.R Case No. 571/2023 whereby Non-bailable Warrant of Arrest was issued against the present petitioner. 3. Learned counsel for the petitioner has submitted that the petitioner is facing a trial under Section 420/406/409/34 of the Indian Penal Code in C.R Case No. 571/2023 in the Court of learned Additional Chief Judicial Magistrate, Barpeta. However, as he was not available in Barpeta on 06.02.2025, he could not appear before the trial Court on the said date and therefore, Non-bailable Warrant of Arrest was issued against him. 4. Learned counsel for the petitioner submits that the next date of the case is fixed on 02.04.2025 and the petitioner is ready and willing to face trial. However, as Non-bailable Warrant of Arrest has been issued against him, he is seeking some interim protection so as to facilitate his appearance before the said Court. 5. I have considered the submissions made by the learned counsel for both the sides and materials available on record. Since the petitioner is ready and willing to face trial, this Criminal Petition is disposed of with a direction to the petitioner to appear before the trial Court on the next date fixed in C.R Case No. 571/2023 i.e. 02.04.2025 and to facilitate his appearance before the said Court. The Non-bailable Warrant of Arrest issued against him shall remain suspended till the next date. 6. This Criminal Petition is accordingly disposed of. JUDGE Page No.# 3/3 Comparing Assistant