Petition under Section 528 BNSS challenged a Special Judge's order issuing a non-bailable warrant after the petitioner was shown as an absconder in the charge sheet. The High Court quashed the warrant, directing the petitioner to appear before the trial court within ten days and be enlarged on bail with one surety.
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GAHC010050962026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./358/2026
FULCHAN ALI SK S/O LATE FALU SK. R/O VILL- MAJERCHAR RIVER BLOCK 10, P.S. AND DIST. DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. S MUNIR, MR. D ZAKARIA,MS. N.A. BEGUM
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
13.03.2026
Heard Mr. S. Munir, learned counsel appearing for the petitioner. Also heard Mr. P S Lahkar, learned Additional Public Prosecutor, Assam.
By this application filed under Section 528 of the BNSS, 2023 the petitioner, namely, Fulchan Ali Sk, has challenged the order dated 06.02.2026 passed by the learned Special Judge (Additional), Dhubri in Special Case No. 521/2024 issuing NBWA against the present petitioner.
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The petitioner has been shown as an absconder in the charge sheet. Therefore, the Trial Court issued NBWA against the petitioner.
I have considered the submissions made by the learned counsel for both sides.
In the light of the materials available in the record, this Court is of the opinion that, at this stage, the petitioner should be given an opportunity to contest the trial as he is interested in facing the same. Therefore, the prayer of the petitioner is allowed. Hence, the order dated 06.02.2026 passed by the learned Special Judge (Additional), Dhubri in Special Case No. 521/2024 issuing NBWA against the present petitioner is set aside and quashed.
The petitioner Fulchan Ali Sk is directed to appear before the learned Special Judge (Additional), Dhubri in connection with Special Case No. 521/2024 within 10 (ten) days from today. On his appearance, the learned Special Judge (Additional), Dhubri shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Trial Court.
The petitioner is directed to appear before the learned Trial Court on each and every date of hearing and if he fails to do so, the Trial Court shall have the liberty to take steps for procuring his attendance in accordance with law.
With the above, the criminal petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the non-bailable warrant issued against the petitioner, shown as an absconder in the charge sheet, should be set aside.
1 provisions across 1 enactments
Fulchan Ali Sk
The State of Assam represented by the PP, Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
