Md Mamud Ali @ Md. Mahammad Ali v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010173602024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1085/2024o MDoMAMUDoALIo@oMD.oMAHAMMADoALIo S/OoLT.oAFAJoUDDINo VILL-oTHANAGARAHo P.O.oBURBNDHA,oP.S.oMORIGAON,o DIST.oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPRESENTEDoBYoTHEoPP,oASSAM 2:MISS.oAMENAoKHATUN oW/OoMD.oISRAFILoALIo VILL-oTHANAGARAH oP.O.oBURBANDHA oP.S.oMORIGAN o DIST.oMORIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMR.oJoAHMED,oRoBEGUM,MSoAoHUSSAINo AdvocateoforotheoRespondento:oPP,oASSAM,oMSoNoHASSANo(ASoLEGAL-AID-COUNSELoFORoR-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo

01.10.2024 Page No.# 2/3

¶1Heard learned counsel Mr. J. Ahmed for the petitioner Md. Mamud Ali @ MD. Mahammad Ali, learned Additional Public Prosecutor, Mr. B. Sharma for the respondent State and Legal Aid Counsel, Ms. N. Hassan for the respondent No.

2.

¶2This application has been filed by the petitioner under Section 528 of the BNSS, 2023 as NBWA has been issued against the petitioner (Md. Mamud Ali) vide order dated 18.07.2024 and 13.08.2024 passed in POCSO Case No. 32/2020 arising out of Morigaon P.S. Case No. 668/2018 registered under Sections 376(AB) of the IPC read with Section 4 of the POCSO Act.

¶3It is submitted that the petitioner was regularly appearing before the Court and he was on bail, however, on two dates, he could not appear before the Court as he was in Kerala and the petitioner has annexed the train tickets as Annexure-11 & 12 of the petition.

¶4I have considered the submissions at the Bar with circumspection.

¶5This case is proceeding at a regular pace. Also this case is at the fag end of the trial. The petitioner is willing to co-operate with the trial. 6 out of 8 witnesses have already been examined. Page No.# 3/3

¶6I have taken a pragmatic view as the petitioner is willing to co-operate with the trial. The NBWA issued against the petitioner is kept in abeyance for 25 days, and within 25 days, the petitioner is directed to appear before the learned Trial Court and co-operate with the trial.

¶7In terms of the above observation, petition stands disposed of. JUDGE Comparing Assistant