Gauhati High Court
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Page No.# 1/3
GAHC010209412025
2025:GAU-AS:13027
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1143/2025
ANANTA DUTTA AND ANR
S/O- LATE RUPEN DUTTA, R/O- TITABOR BIRINA SAYEK, P.O- BIRINA
SAYEK, P.S- TITABOR, DIST-JORHAT, ASSAM
2: DIGANTA DUTTA
S/O- LATE RUPEN DUTTA
R/O- TITABOR BIRINA SAYEK
P.O- BIRINA SAYEK
P.S- TITABOR
DIST-JORHAT
ASSA
VERSUS
THE STATE OF ASSAM
REP BY THE PP ASSAM
Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
16.09.2025
1. Heard Mr. D. Gogoi, the learned counsel for the petitioners. Also heard
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Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State
of Assam.
2. This application under Section 528 of the BNSS, 2023 has been filed
by the petitioners, namely, 1. Ananta Dutta and 2. Diganta Dutta, impugning the
order dated 05.08.2025 passed by the Court of the learned Sub-Divisional
Judicial Magistrate(M), Titabar in PRC Case No. 156/2025, whereby, non-bailable
warrant of arrest has been issued against both the petitioners.
3. The learned counsel for the petitioners has submitted that in the
aforesaid PRC Case, charge sheet was laid against the petitioners under
Sections 126(2)/351(2)/281/125A/117(2)/109/3(5) of BNS, 2023.
4. He submits that though charge sheet was laid against 4(four) other
co- accused persons also, however, on the very first day after submission of the
charge sheet, the Court of the learned Sub-Divisional Judicial Magistrate(M),
Titabar by issuing summons to other accused persons had issued non-bailable
warrant of arrest against both the petitioners on the ground that they were
shown as absconder in the charge sheet.
5. The learned counsel for the petitioners has further submitted that the
petitioners are ready to face the trial. However, some interim protection may be
granted to them and as pending non-bailable warrant has been there and,
therefore, there is an apprehension of getting arrested, if they appear before
the Trial Court.
6. I have considered the submissions made by the learned counsel for
both sides.
7. It is a settled proposition of law that even if the accused persons are
shown as absconder in the charge sheet, the Trial Court should issue the
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summons at the first instance and only if after due service of summons, the
accused does not appear before the Trial Court, coercive processes like bailable
warrant of arrest and non-bailable warrant of arrest may be issued. However, in
the instant case, the learned Sub-Divisional Judicial Magistrate(M), Titabar has
on the first instance itself after receipt of the charge sheet issued non-bailable
warrant of arrest against the present petitioners, which is not in consonance
with the law laid down by this Court and several of its judgments. Accordingly,
this criminal petition is disposed of by directing the petitioners to appear before
the Trial Court in PRC Case No. 156/2025 within a period of 15(fifteen) days
from the date of this order.
8. To facilitate their appearance before the said Court, the non-bailable
warrant of arrest issued against them shall remain suspended for next
15(fifteen) days.
9. On their appearance before the Court of the learned Sub-Divisional
Judicial Magistrate (M), Titabar, the petitioners may pray for any relief to which
they are otherwise entitled to, if so advised.
JUDGE
Comparing Assistant
