SALEEM KHAN ALIAS SALIM KHAN v. THE STATE OF ASSAM AND ANR
Crl.Pet./955/2026 · 2026-06-25
Susmita Phukan Khaund
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9094 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9094 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010132882026
2026:GAU-AS:9383
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./955/2026 SALEEM KHAN ALIAS SALIM KHAN S/O- LATE FIROZ KHAN R/O- SILBHANGA, P.S P.S- JAGIROAD DISTRICT - MORIGAON, PIN-782410 PH 8638048261, 8638241603 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
2:MAFIZUDDIN AHMED S/O LATE HASMAT ALI R/O VILLAGE NO1 NARAMARI P.S. P.O DHARAMTUL DISTRICT - MORIGAON PIN- 782412 ASSAM Advocate for the Petitioner : MR. R PHUKAN, M AHMED,MR D J DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.06.2026 Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State.
2. The petitioner, namely, Saleem Khan @ Salim Khan, has filed this application under Section 528 BNSS, 2023, with a prayer to quash the order dated 03.11.2025 and the subsequent orders passed by the learned Chief Judicial Magistrate, Morigaon in connection with C.R Case No.314/24, issuing notice to the petitioner.
3. It appears that this case may be disposed of without issuing notice to respondent.
4. It is submitted on behalf of the petitioner that the petitioner is willing to appear before the trial court and cooperate with the trial.
5. This is a case under Section 138 of the N.I Act. Cognizance was taken way back on 23.10.2024. Thereafter, the petitioner failed to appear. Now, the petitioner is willing to appear and face the trial.
6. The pendency of the case will be protracted, if the petitioner delays his appearance further.
7. I have taken a pragmatic view. As the petitioner is willing to appear and cooperate with the trial, he may appear before the trial court.
8. The NBWA issued against the petitioner vide order date 03.11.2025
Page No.# 3/3 and the subsequent orders are kept in abeyance for 15(fifteen) days and within 15(fifteen) days, the petitioner is directed to appear before the trial court and cooperate with the trial.
9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant