Page No.# 1/2 GAHC010043612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./273/2025 MD. AHIYA ALI @ AHIYA AHMED @ AHIYA ALOM S/O LATE IBRAHIM ALI VILL-SATKHAPARI DALANI P.S.MAYONG, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:AKSHAY SARKAR S/O LATE ANUDA SARKAR R/O VILL-KHALANI P.S. MAYONG DIST. MORIGAON ASSA Advocate for the Petitioner : MD B ISLAM, F KHATUN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 07.03.2025 1. Heard Mr. B. Islam, the learned counsel for the petitioner. Also heard Page No.# 2/2 Mr. K. Baishya, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 528 of the BNSS, 2023 has been filed by petitioner, who is aggrieved with the order dated 08.02.2024, and subsequent orders passed by the learned Additional Chief Judicial Magistrate, Morigaon in PRC Case No. 112/2023, whereby the bailable warrant of arrest has been issued against the petitioner. 3. The next date of PRC Case No. 112/2023 is fixed on 27.03.2025. 4. The learned counsel for the petitioner submits that the petitioner apprehends that if he appears before the Trial Court he may be remanded to custody. 5. I have gone through the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and have gone through the materials available on record. 6. It appears from record that the Court of learned Additional Public Prosecutor has only issued bailable warrant of arrest and the next date is fixed on 27.03.2025. 7. The apprehension is that the petitioner would be sent to custody does not have any basis and as the Court has not issued any non bailable warrant of arrest, this Court is of the considered opinion that this is not a fit case to exercise inherent power under Section 528 of the BNSS, 2023. 8. This Criminal Petition is accordingly, dismissed. JUDGE Comparing Assistant