Page No.# 1/3 GAHC010056822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./346/2025 GANIRUDDIN AHMED S/O SAMIR ALI @ DALOI PERMANENT RESIDENT OF VILLAGE ATHKURIAPARA, P.O. PATHARIGHAT, P.S. SIPAJHAR, DIST. DARRANG, ASSAM PIN-784145 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR G R A MOTTAQUEE, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.03.2025 Heard learned counsel Mr. G. R. A. Mottaquee for the petitioner, Ganiruddin Ahmed. The petitioner has filed this application under Section 528 of the BNSS, 2023 corresponding to Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India. Heard learned Addl. Public Prosecutor Mr. B. Sharma for the respondent Page No.# 2/3 State. It is submitted that vide Order dated 15.12.2023, in connection with Misc. Case No.11/2023, cognizance was taken against the petitioner. Aggrieved by the order of cognizance as the petitioner is being prejudiced, he has filed this instant petition. The petitioner had earlier preferred an application under Section 482 of the Cr.PC for setting aside and quashing the Orders dated 07.10.2023 and 13.12.2023, passed by the learned Sub-Divisional Judicial Magistrate (S), Darrang at Mangaldai in connection with CR Case No.38/2023 and this petition was registered as Criminal Petition No.145/2024. Vide Order dated 09.02.2024 in Criminal Petition No.145/2024, the petitioner and the accused Mojahidur Rahman, son of the petitioner were directed to appear before the Court of learned Sub-Divisional Judicial Magistrate (S), Darrang at Mangaldai in connection with CR Case No.38/2023 under Section 406 IPC. The present petitioner also vide Order dated 09.02.2024, in connection with the aforementioned petition, was directed to appear before the learned Court in connection with Misc. Case No.11/2023. It is submitted that the present petitioner has not preferred any petition before this Court in connection with Misc. Case No.11/2023. It is further submitted that as directed by this Court, the petitioner had appeared on 12.02.2024 in connection with Misc. Case No.11/2023, Annexure-7 is the Order. The petitioner has also submitted the certified copy of the Order dated Page No.# 3/3 15.12.2023, which is marked as “X” and will form a part of this record. It is submitted that during pendency of proceeding of Misc. Case No.11/23, the petitioner was not represented by any engaged counsel as the learned counsel representing the petitioner took ill and had to be admitted in GMCH. The petitioner is willing to appear before the Court of learned Sub- Divisional Judicial Magistrate (S), Darrang at Mangaldai and contest the proceeding of Misc. Case No.11/2023. I have considered the submissions at the Bar with circumspection. Warrant was initially issued on 09.04.2024 and on subsequent dates too warrants were issued and vide Order dated 21.01.2025, marked as Annexure-8, warrant was again issued against the petitioner. I have taken a pragmatic view. As the petitioner is willing to appear before the Court and co-operate with the proceeding under Section 446 Cr.PC in connection with the Misc. Case No.11/2023, the petitioner is directed to appear before the Court within 15(fifteen) days and place his submission. Till then NBWA/warrant of arrest issued against the present petitioner is kept in abeyance. In terms of the above observation, the Criminal Petition stands disposed of. JUDGE Comparing Assistant