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2026 DAILYLAW 6562 (GAU)

FARUK AHMED MAZUMDER AND ANR v. THE STATE OF ASSAM AND ANR

Crl.Pet./657/2026 · 2026-05-14

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010087342026 2026:GAU-AS:6718 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./657/2026 FARUK AHMED MAZUMDER AND ANR S/OLT. IMAN ALI MAZUMDER R/O PURBA SONAPUR, P.O. HAILAKANDI, P.S. AND DIST. HAILAKANDI, ASSAM. PIN-788151 2: SOFILA BEGUM MAZUMDER @ LUTFA BGUM MAZUMDER W/O FARUK AHMED MAZUMDER R/O PURBA SONAPUR P.O. HAILAKANDI P.S. AND DIST. HAILAKANDI ASSAM. PIN-78815 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:ALIMUDDIN CHOUDHURY S/O LT. AKLU MIA CHOUDHURYR/OMOHANPUR PT.I P.O. HAILAKANDI P.S. ALGAPUR DIST. HAILAKANDI ASSAM Advocate for the Petitioner : MS. S B CHOUDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2026 1. Heard Ms. S. B. Choudhury, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.119/2024, pending in the Court of the learned Chief Judicial Magistrate, Hailakandi. 3. The petitioners, Faruk Ahmed Mazumder and Sofila Begum Mazumder @ Lutfa Begum Mazumder are shown as absconders in the Charge-sheet. Therefore, the Court of learned Chief Judicial Magistrate, Hailakandi issued NBWA against them. The petitioners have submitted that they are willing to face the trial and, therefore, they should be given an adequate opportunity to do so. 4. I have considered the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that since the petitioners are interested in facing the trial they should be given an adequate opportunity to that effect. Therefore, their prayer is allowed. 6. The orders directing NBWA against these petitioners are set aside. 7. The petitioners, Faruk Ahmed Mazumder and Sofila Begum Mazumder @ Lutfa Begum Mazumder are directed to appear before the Court of the learned Chief Judicial Magistrate, Hailakandi in respect of PRC Case No. 119/2024 within a period of Page No.# 3/3 10 (ten) days from today and on their appearance, they shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hailakandi. 8. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant