Rafikul Khan v. The State of Assam

Page No.# 1/2 GAHC010264002024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1538/2024 RAFIKUL KHAN S/O HAKIM ALI VILL-GUMAPHULBARI, P.S. TARABARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM S/O HAKIM ALI VILL GUMAPHULBARI, P.S. TARABARI DIST. BARPETA, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

17.12.2024

Heard Mr. R. Ali, the learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2This is an application under Section 528 read with Section 438/442 of the BNSS, 2023 challenging the impugned order dated 03.09.2024 and all other subsequent orders passed by the learned Sessions Judge, Barpeta in Sessions Case No.02/2024 directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner.

¶3The petitioner was earlier appearing and contesting the case before the trial court. Thereafter, on one particular date, i.e. 03.09.2024, he could not appear before the said court. Therefore, the trial court directed issue of NBWA against him.

¶4The petitioner submits that he is interested in facing the trial. He prayed that he deserves to be given one opportunity to contest the case.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6Since the petitioner is willing to face the trial, he deserves to be given an opportunity to that effect.

¶7Therefore, the impugned order dated 03.09.2024 and all other subsequent orders directing issue of NBWA against the present petitioner, namely-Rafikul Khan passed by the learned Sessions Judge, Barpeta in Sessions Case No.02/2024, are set aside.

¶8The present petitioner is directed to appear before the trial court on 20.12.2024. On his appearance, he shall be allowed to remain on previous bail. With the aforesaid direction, the Criminal Petition is disposed of accordingly.

JUDGE Comparing Assistant