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2026 DAILYLAW 15257 (GAU)

IMARAJUL v. THE STATE OF ASSAM AND ANR

Crl.Pet./1347/2026 · 2026-09-27

Shamima Jahan

body2026

Judgment text

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Page No.# 1/2 GAHC010211072026 2026:GAU-AS:14432 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1347/2026 IMARAJUL S/O LATE GIAS UDDIN, R/O DAKHIN TENGAGURI, P.O. TENGAGURI, P.S. LAHARIGHAT, DISTRICT MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM, 2:SALMA KHATUN D/O IMARAJUL R/O DAKHIN TENGAGURI P.O. TENGAGURI P.S. LAHARIGHAT DISTRICT MORIGAON ASSAM Advocate for the Petitioner : MR. N HOQUE, MR. KHAIRUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.09.2026 1. Heard Mr. N. Hoque, learned counsel appearing for the petitioner. Also heard Ms. S.H. Borah, learned APP appearing for the State of Assam. Page No.# 2/2 2. By way of this application under Section 528 of the BNSS, 2023 the petitioner has prayed for setting aside the orders dated 24.07.2026 and 29.08.2026 whereby the learned Special Judge, POCSO, Morigaon issued bailable warrants of arrest against the petitioner in connection with POCSO Case No. 28/2026. 3. It is a settled position of law that a petition under Section 528 of the BNSS, 2023 seeking quashing of a bailable warrant of arrest is not maintainable. However, without entering into the said issue, it is noted that the learned counsel for the petitioner apprehends arrest at the hands of the police although there appears to be no such apprehension warranting interference. 4. For the ends of justice, it is therefore directed that the petitioner shall appear before the learned Special Judge, POCSO, Morigaon, Assam on the next date fixed, without fail and file an application for bail which shall be considered by the learned Court in accordance with law. 5. This petition is accordingly disposed of. JUDGE Comparing Assistant