Gauhati High Court
Page No.# 1/4 vs Prafulla Gogoi And Anr on 20 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010181872025
2025:GAU-AS:11110
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1013/2025
SHAH REZA KHAN
SON OF IKBAL KHAN
R/O AMARABOTY COLONY,
GADADHAR ROAD, P.O. AND P.S. CHABUA, DIST. DIBRUGARH, ASSAM,
PIN-786184.
VERSUS
PRAFULLA GOGOI AND ANR
S/OLATE BHOGESWAR GOGOI
R/O SAINT LUKES HOSPITAL ROAD,
HATIKHULA BONGALI GAON, P.O. AND P.S. CHABUA, DIST. DIBRUGARH,
ASSAM, PIN-786184.
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSA
Advocate for the Petitioner : MR. T BARUAH, MS A DAS
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
20.08.2025
Heard Ms. A. Das, learned counsel for the petitioner and Mr. R.R. Kauhsik, learned
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Additional Public Prosecutor for the respondent no. 1, State of Assam.
2. Having regard to the issue raised in this petition, the instant criminal petition is taken up
for consideration at the motion stage itself, dispensing with the process of issuance of notice to
the respondent no. 2.
3. The instant criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023 is preferred assailing a number of orders passed during the period from 30.12.2024
to 05.08.2025 by the Court of learned Chief Judicial Magistrate, Dibrugarh at Dibrugarh ['Trial
Court', for short] whereby the Trial Court has ordered for issuance of Warrant of Arrests against
the petitioner in connection with a complaint case, C.R. Case no. 158/2015.
4. It is stated that the respondent no. 2 as the complainant, instituted a proceeding before
the Court of Chief Judicial Magistrate, Dibrugarh in the year 2015 by filing a complaint against the
petitioner herein as the accused alleging commission of an offence under Section 138 of the
Negotiable Instrument [N.I.] Act. The said complaint case was registered as C.R. Case no.
158/2015. After conclusion of the proceedings, the Trial Court passed a Judgment dated
27.09.2019 holding the accused, that is, the petitioner herein guilty of the offence under Section
138 of the N.I. Act. Having so convicted, the Trial Court sentenced him to pay a fine of Rs.
3,00,000/- as compensation to the complainant, in default, to undergo simple imprisonment for
six months.
5. The accused in C.R. Case no. 158/2015, that is, the petitioner herein took the matter into
appeal before the Court of learned Sessions Judge, Dibrugarh ['the Appellate Court'] in the form
of Criminal Appeal no. 35[4]/2019. The Appellate Court after appreciation of the evidence on
record, found no merit in the appeal and by a Judgment dated 21.03.2024 while dismissing the
appeal, has affirmed the Judgment dated 27.09.2019 for conviction and sentence passed by the
Trial Court.
6. It is stated in the instant criminal petition that the petitioner being aggrieved by and
dissatisfied with the concurrent findings of the Trial Court, has already preferred a criminal
revision petition, Criminal Revision Petition no. 9645/2024 along with an interlocutory application,
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I.A.[Crl.] no. 1027/2024 before this Court. It has emerged from the materials on record that in
I.A.[Crl.] no. 1027/2024, this Court on 05.11.2024 issued notices to the opposite parties. The
prayer made in I.A.[Crl.] no. 1027/2024 is for suspension of execution of the sentence passed
against the petitioner by the Trial Court and affirmed by the Appellate Court.
7. In the meantime, the Trial Court took up the matter of C.R. Case no. 158/2015. When the
process issued for securing appearance of the convict, that is, the petitioner did not result in
appearance of the petitioner to comply with the sentence, the Trial Court vide the orders,
mentioned hereinabove, directed issuance of Warrant of Arrest against the convict.
8. On 06.06.2025, the Trial Court has passed the following order :-
ORDER
06.06.2025
Complainant is present along with his Ld. Engaged Counsel.
Warrant of arrest issued against the convict Md. Shah Reza Khan has returned unexecuted with a report.
Seen the report.
In view of the report, issue warrant of arrest afresh against convict Md. Shah Reza Khan.
Complainant has also filed a petition bearing no. 2156/2025, submitting therein that the convict Shah Reza Khan left his
previous address and at present he is residing in Rose Gali, P.S. Dibrugarh and as such, the complainant prayed to
allow him to take steps for issuing warrant of arrest against the accused at the new address.
Seen the petition. Heard.
Considering ground, prayer is allowed.
Accordingly, complainant is directed to take steps for issuing warrant of arrest against the convict at the new address
within 5 days.
Fixing 09.07.2025 for appearance.
9. As an application for suspension of execution of the sentence passed against the petitioner
as the convict by the Trial Court is pending in a parallel proceeding before this Court in the form
of Criminal Revision Petition no. 9645/2024 along with I.A.[Crl.] no. 1027/2024, the petitioner's
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prayer for suspension of execution of the sentence can only be considered in such parallel
proceedings. In view of non-presentation of any order from this Court regarding suspension of
execution of the sentence passed against the convict, the orders passed by the Trial Court are
found to be in conformity with law.
10. As the petitioner's prayer for recalling of Warrant of Arrest can only be considered in the
parallel proceedings in Criminal Revision Petition no. 9645/2024 along with I.A.[Crl.] no.
1027/2024, the instant criminal petition preferred under Section 528 of the BNSS is found to be
misconceived and therefore, the same cannot be entertained. Consequently, the criminal petition
is dismissed.
JUDGE
Comparing Assistant
