Shohidul Islam v. The State of Assam and Anr

Page No.# 1/3 GAHC010192402024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1173/2024 SHOHIDUL ISLAM S/O ROFIJUL ISLAM R/O DATIAL BARI PACHIM, V.T.C. DATIALBORI P.O. MOIRABARI SUB-DISRICT-LAHARIGHAT DIST. MORIGAON, ASSAM PIN-782126 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MUSSTT. JAMINA BEGUM W/O MD. MOJAMMIL ALI R/O KHATKHATI JOR TOKBI P.S. KHATKHATI DIST. KARBI ANGLONG PIN-78212 Advocate for the Petitioner : MR D KALITA, MS R KOUR Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

24.09.2024 Heard Mr. D. Kalita, the learned counsel representing the petitioner. I have also Page No.# 2/3 heard Mr. R.J. Baruah, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 528 of BNSS, 2023 praying for quashing the orders whereby direction has been given for issuance of non-bailable warrant of arrest.

¶3The petitioner is facing trial in respect of POCSO Case No.44/2020 pending in the court of learned Special Judge, POCSO, Karbi Anglong, Diphu.

¶4The petitioner submits that he has shifted his residence to the district of Morigaon and therefore he lost contact with his lawyer at Diphu, because of which he could not appear in a trial court for two dates. Therefore, the trial court issued non-bailable warrant of arrest against the present petitioner.

¶5Mr. Kalita has submitted that the trial court has already examined five prosecution witnesses. The petitioner submits that he intends to face the trial.

¶6Mr. Baruah submits that since the case is under the provisions of POCSO Act, notice should be given to the informant.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8The petitioner is already facing trial and since he shifted his residence to Morigaon he lost contact with his lawyer and failed to appear on two dates before the trial court.

¶9This Court is of the opinion that in this case, more particularly, notice need not be issued to the informant.

¶10Therefore, prayer of the petitioner is allowed.

¶11The impugned orders directing issue of non-bailable warrant of arrest against the present petitioner in POCSO Case No.44/2020 pending in the court of learned Special Judge, POCSO, Karbi Anglong, Diphu are set aside.

¶12The petitioner Shohidul Islam is directed to appear before the trial court on Page No.# 3/3

04.11.2024. On his appearance before the trial court, he shall be released on furnishing bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Karbi Anglong. The criminal petition is disposed of accordingly.

JUDGE Comparing Assistant