Disposed¶22

Rahim Ali Sheikh @ Rahim Ali v. the State of Assam

Gauhati HC11 Jun 2025Crl.Pet./672/2025

Case brief

AI extract

What is this about?

Section 528 BNSS 2023 quashing/disposal petition; NBWA and P&A kept in abeyance for 10 days; warrant issued without service of summons; PRC Case No. 19/2023; Sivasagar PS Case No. 26/2022; Sections 353/379/279 IPC; Section 13 Assam Cattle Preservation Act; JMFC No. 1 Sivasagar; petitioner willing to co-operate with trial; Gauhati High Court; Susmita Phukan Khaund; 12.06.2025; Crl.Pet./672/2025.

What did the court decide?

Petition disposed of: petitioner directed to appear before the Trial Court within 10 days and co-operate with the trial; NBWA and P&A issued against him kept in abeyance for 10 days. ¶22

Rahim Ali Sheikh @ Rahim Ali Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: petitioner directed to appear before the Trial Court within 10 days and co-operate with the trial; NBWA and P&A issued against him kept in abeyance for 10 days.

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Issue for consideration

Whether the order dated 26.09.2024 issuing NBWA against the petitioner and the subsequent orders up to the order dated 15.05.2025 issuing P&A against him, in connection with PRC Case No. 19/2023 pending before JMFC No. 1, Sivasagar, should be set aside and quashed, given that no summons were served on the petitioner and he is willing to co-operate with the trial.

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Court's answer

In considering the petition, the Court took a pragmatic view as the petitioner is willing to co-operate with the trial.

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Ratio / Principle

The petitioner is directed to appear before the Ld. Trial Court within 10 (ten) days and co-operate with the trial.

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Key takeaways

The NBWA and P&A issued against the petitioner are kept in abeyance for 10 (ten) days.ratio¶21

Detailed headnote1 paragraphs

Gauhati High Court, Crl.Pet./672/2025 — Rahim Ali Sheikh @ Rahim Ali v. The State of Assam, decided on 12.06.2025 by Mrs. Justice Susmita Phukan Khaund. Application under Section 528 of the BNSS, 2023 praying for setting-aside and quashing of the order dated 26.09.2024 issuing NBWA against the petitioner and subsequent orders up to the order dated 15.05.2025 issuing P&A, in connection with PRC Case No. 19/2023 arising out of Sivasagar PS Case No. 26/2022 under Sections 353/379/279 of IPC read with Section 13 of the Assam Cattle Preservation Act, pending before Ld. JMFC No. 1, Sivasagar. Petitioner submitted he was unaware of the pendency of the case as no summons had ever been served; the first P&A was issued on 12.12.2024 and fresh P&A on 15.05.2025, with the case fixed for report on P&A on 17.06.2025. Taking a pragmatic view as the petitioner was willing to co-operate with the trial, the Court directed the petitioner to appear before the Trial Court within 10 days and co-operate with the trial, keeping the NBWA and P&A in abeyance for 10 days; the petition stood disposed of.

Page No.# 1/2

GAHC010127112025

2025:GAU-AS:7725

THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./672/2025

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RAHIM ALI SHEIKH @ RAHIM ALI S/O- BAYJUDDIN ALI SHEIKH. R/O- VILL.- KANDANAPARA, NO.1 , BHODIGURI, P.S.- KACHUGAON. DIST.- KOKRAJHAR, ASSAM, PIN-783360

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. J AHMED, R BEGUM,MS A HUSSAIN,H G DAISY

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 12.06.2025

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1. Heard learned counsel Mr. J Ahmed for the petitioner Rahim Ali Sheikh @ Rahim Ali who has filed this application under Section 528 of the BNSS, 2023 with a prayer for setting-aside and quashing the order dated 26.09.2024 issuing NBWA against the petitioner as well as subsequent orders, up to the order dated 15.05.2025

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Page No.# 2/2

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issuing P&A against the petitioner in connection with PRC Case No. 19/2023 arising out of Sivasagar PS Case No. 26/2022 under Section 353/379/279 of IPC and read with Section 13 of the Assam Cattle Preservation Act. This case is pending before the Ld. JMFC No. 1, Sivasagar.

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2. Heard Mr. B Sarma, learned Additional Public Prosecutor, Assam.

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3. It is submitted on behalf of the petitioner that the petitioner was not at all aware of the pendency of the case as no summons have ever been served to him. Thereafter, NBWA has been issued against him and finally P&A has been issued against him and the case is fixed for report on P&A on 17.06.2025.

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4. The copies of the orders of Ld. JMFC No. 1, Sivasagar has been appended along with the petition. The first P&A was issued vide order dated 12.12.2024. The case was fixed for report on P&A on several dates and on 15.05.2025, fresh P&A was again issued against the present petitioner. The petitioner is willing to co-operate with the trial.

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5. I have considered the submissions at the bar with circumspection. I have also taken a pragmatic view as the petitioner is willing to co-operate with the trial. The petitioner is, hereby, directed to appear before the Ld. Trial Court within 10(ten) days and co-operate with the trial. Meanwhile, NBWA and P&A issued against him is kept in abeyance for 10(ten) days.

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6. In terms of the above observation, the petition stands disposed of.

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JUDGE

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Comparing Assistant

Rahim Ali Sheikh @ Rahim Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rahim Ali Sheikh @ Rahim Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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