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2025 DAILYLAW 9550 (GAU)

ANOWAR HUSSAIN v. THE STATE OF ASSAM

Crl.Pet./373/2025 · 2025-03-26

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010059802025 2025:GAU-AS:3584 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./373/2025 ANOWAR HUSSAIN S/O LATE THANDU SK. VILL-CHILARVITA,P.S.LAKHIPUR DIST. GOALPARA,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, MS J YESMIN,MR Z RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.03.2025 1. Heard learned counsel Mr. J. Ahmed for the petitioner Anowar Hussain who has filed this application under Section 528 of the BNSS, 2023 with prayer for setting aside and quashing the impugned order dated 29.11.2024 passed by the learned Additional Session Judge No. 2, Kamrup, (M), in connection with Session Page No.# 2/2 Case No. 792/2019 arising out of Basisitha P.S. Case No. 325/2019. 2. Heard Learned Additional Public Prosecutor, Mr. D. P. Goswami for the respondent State. 3. It is submitted on behalf of the petitioner that as the petitioner was enlarged on bail, he presumed that the case was dropped against him, as the petitioner was an uneducated and rustic villager. The petitioner was also not aware of the non-bailable warrant issued against him. The petitioner is willing to co-operate with the trial. Charges were framed under Section 395 of the IPC. 4. I have considered the submissions at the Bar with circumspection. 5. I have taken a pragmatic view. This is an old pending case. To avoid further procrastination, the petitioner is directed to appear before the learned Trial Court within 15 days and co-operate with the trial. 6. Meanwhile, the NBWA issued against the petitioner vide order dated 29.11.2024, is kept in abeyance for 15 days from today. 7. In term of the above observation, this application stands disposed of. JUDGE Comparing Assistant