Fokhoruddin Ali Ahmed v. Abu Baser Rezabul Hoque Ahmed

Gauhati HC10 Mar 2026Crl.Rev.P./118/2026

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Rev.P./118/2026; BNSS 2023 Section 438 Section 442; bailable warrant of arrest set aside; appearance through Video Conferencing; accused aged about 60 years; medical grounds for non-appearance; N.I.C.R. Case No.03/2025; Chief Judicial Magistrate, Chirang; warrant amount ₹5,000; criminal petition disposed; Parthivjyoti Saikia, J.; order dated 11.03.2026.

What did the court decide?

Bailable Warrant of Arrest against the petitioner set aside; trial court directed to give the petitioner the opportunity to appear through Video Conferencing and to contest the case. ¶¶24

Fokhoruddin Ali Ahmed Vs Abu Baser Rezabul Hoque Ahmed — Gauhati HC (2026) — LawSathi Research

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GAHC010047702026

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

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Case No. : Crl.Rev.P./118/2026

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FOKHORUDDIN ALI AHMED

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S/O. LATE INTAZUDDIN AHMED, PERMANENT RESIDENT OF VILLAGE WARD NO. 2, BORTALOWA, P.O. DHALIGAON, P.S. KAJALGAON, CHIRANG, PIN 783385, ASSAM, AND PRESENTLY RESIDING AT FLAT 1C, EUREKA ASHIYANA, BISHNU RABHA PATH, BELTOLA, P.S. BASISTHA, GUWAHATI781028, KAMRUP (M), ASSAM.

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VERSUS

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ABU BASER REZABUL HOQUE AHMED S/O. LATE RUSTAM ALI AHMED, RESIDENT OF VILLAGE SATIPUR, P.O DHALIGAON, P.S KAJALGAON DIST- CHIRANG, ASSAM, PIN 783385

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Advocate for the Petitioner : MR. S S S RAHMAN, MR. S S A RAHMAN,MR. M R SODIAL,MS G SARMAH

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Advocate for the Respondent : ,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 11.03.2026

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Heard Mr. S S S Rahman, the learned counsel the appearing for the petitioner. 2. This is an application under Section 438 read with Section 442 of the BNSS, 2023

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in respect of N. I. C. R. Case No.03/2025 pending in the Court of the learned Chief Judicial Magistrate, Chirang.

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The petitioner Fokhoruddin Ali Ahmed, who is aged about 60 years, is an accused before the court below. Because of medical problems, he could not appear before the trial court when summons was issued to him. Therefore, the trial court issued Bailable Warrant of Arrest of ₹5,000/- against him.

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Mr. Rahman submits that because of his health condition, the petitioner was unable to regularly attend the trial court. The learned counsel further submits that the petitioner may be given the opportunity to appear before the trial court through Video Conferencing.

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