Disposed¶[7]

Sayed Ali Sk Alias Saiyad Ali and 4 Ors. v. the State of Assam and Anr.

Gauhati HC11 Jun 2026Crl.Pet./839/2026

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Pet./839/2026; Section 528 BNSS 2023; stay of non-bailable warrant; Special Case No. 189/2023; Special Judge (POCSO) Dhubri; adjournment; dispensation of personal attendance; absence since 31.05.2025; charge stage; last chance to appear 08.07.2026; Mridul Kumar Kalita; disposed 12.06.2026.

What did the court decide?

Operation of the non-bailable warrants stayed till 08.07.2026, coupled with a final chance for the petitioners to appear personally before the trial court on 08.07.2026; criminal petition disposed of. ¶[7]

Sayed Ali Sk Alias Saiyad Ali and 4 Ors. Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, against whom non-bailable warrants were issued on 11.05.2026 upon rejection of their prayer for adjournment and dispensation of personal attendance, were entitled to any relief by way of stay of the operation of those warrants.

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Court's answer

The impugned order dated 11.05.2026 cannot be faulted on any ground, as it took into consideration the past conduct of the petitioners in remaining absent on fixed dates since 31.05.2025.

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Ratio / Principle

In the ends of justice, one more chance was granted to the petitioners to personally present themselves before the trial court on the next date fixed, i.e., 08.07.2026.

¶[6]

Key takeaways

To facilitate the petitioners' appearance before the trial court on 08.07.2026, the operation of the non-bailable warrants of arrest issued against them by the trial court shall remain stayed till that day, i.e., 08.07.2026.ratio¶[6]

Detailed headnote1 paragraphs

Criminal petition under Section 528 of BNSS, 2023 by five accused of Special Case No. 189/2023 (Additional Sessions Judge-cum-Special Judge (POCSO), Dhubri) impugning the trial court's order dated 11.05.2026, whereby their petition for adjournment and dispensation of personal attendance was rejected and non-bailable warrants of arrest were issued against them. The High Court held that the impugned order could not be faulted, it having considered the petitioners' past conduct of remaining absent on fixed dates since 31.05.2025, which kept the trial stalled at the stage of consideration of charges. However, for the ends of justice, one more chance was granted to the petitioners to appear personally before the trial court on the next date fixed (08.07.2026), and to facilitate that appearance, the operation of the non-bailable warrants was stayed till 08.07.2026. Petition disposed of.

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GAHC010118122026

2026:GAU-AS:8449

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

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Case No. : Crl.Pet./839/2026

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SAYED ALI SK ALIAS SAIYAD ALI AND 4 ORS. SON OF LT. ABBAS ALI, RESIDENT OF VILLAGE DEBOTTAR HASDAH PT. VI, P.S. GAURIPUR, DISTRICT DHUBRI, ASSAM, PIN-783334.

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2: JAMER ALI ALIAS JARME ALI HOQUE

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SON OF MONSER ALI RESIDENT OF VILLAGE DEBOTTAR HASDAH PT. VI P.S. GAURIPUR DISTRICT DHUBRI ASSAM PIN-783334.

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3: MAHIJ UDDIN SHEIKH @ MAHISH ALI SON OF BHELU SHEIKH RESIDENT OF VILLAGE DEBOTTAR HASDAH PT. VI P.S. GAURIPUR DISTRICT DHUBRI ASSAM PIN-783334.

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4: MAJIBAR RAHMAN SON OF BHELU SHEIKH RESIDENT OF VILLAGE DEBOTTAR HASDAH PT. VI P.S. GAURIPUR DISTRICT DHUBRI ASSAM PIN-783334. 5: SAMSUL HOQUE ALIIAS SAMSUL ALI SON OF ASKAR ALI RESIDENT OF VILLAGE DEBOTTAR HASDAH PT. VI P.S. GAURIPUR DISTRICT DHUBRI

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ASSAM PIN-783334

VERSUS

THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM.

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2:SAHERA BIBI WIFE OF SOBAHAN ALI RESIDENT OF VILLAGE DEBOTTAR HASDAH PT. VI P.S. GAURIPUR DISTRICT DHUBRI ASSAM PIN-78333

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Advocate for the Petitioner : MR. R ISLAM, T TALUKDAR,MS. D BORAH

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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12.06.2026

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[1] Heard Mr. R. Islam, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam.

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[2] This criminal petition under Section 528 of BNSS, 2023 has been preferred by the petitioners, namely, 1. Sayed Ali Sk. @ Saiyad Ali, 2. Jamer Ali @ Jarme Ali Hoque, 3. Mahij Uddin Sheikh @ Mahish Ali, 4. Majibar Rahman and 5. Samsul Hoque @ Samsul Ali, impugning the order dated 11.05.2026, passed by the court of the learned Additional Sessions Judge-cum-

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Special Judge (POCSO), Dhubri in Special Case No. 189/2023, whereby the trial court issued non-bailable warrant of arrest against the present petitioners rejecting the petition filed by them for adjournment and dispensing their personal attendance before the court on that day.

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[3] The learned counsel for the petitioners submits that on 11.05.2026, the petitioners could not appear before the trial court, as they had to harvest their paddy due to flash floods which came during that time. He submits that the petitioners are ready to appear before the trial court on the next date fixed and cooperate in the trial. However, unless the non-bailable warrant of arrest issued against them is stayed, they may be arrested and in that case, they would be highly prejudiced.

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[4] On the other hand, Mr. B. Sharma, the learned Additional Public Prosecutor has opposed the grant of any relief to the petitioners at this stage mainly on the ground that bare perusal of the impugned order shows that the petitioners are not co-operating in the trial and were absent before the trial court on one or other pretext and as such, the case could not proceed any further beyond the stage of consideration of charges.

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[5] I have considered the submissions made by

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the learned counsel for the petitioners.

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[6] On perusal of the records, it appears that the impugned order dated 11.05.2026, cannot be faulted with on any ground as it has taken into the consideration the past conduct of the petitioners in remaining absent on the fixed date since 31.05.2025. However, for the ends of justice, one more chance is granted to the petitioners to personally present themselves before the trial court on the next date fixed, i.e., 08.07.2026 and to facilitate their appearance before the trial court on the next date, i.e., 08.07.2026, the operation of non-bailable warrant of arrest issued against them by the trial court shall remain stayed, till that day, i.e. 08.07.2026.

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[7] With the above observations, this criminal petition is disposed of.

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JUDGE

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Comparing Assistant

Sayed Ali Sk Alias Saiyad Ali and 4 Ors. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Sayed Ali Sk Alias Saiyad Ali and 4 Ors. v. the State of Assam and Anr.

Case brief

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What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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