Gauhati High Court
Crl.Pet./1361/2026 of ICHAB ALI ALIAS MD YOUSUF ALI Vs THE STATE OF ASSAM on 29 September 2026
GAHC010215312026 2026:GAU-AS:14545 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1361/2026 ICHAB ALI ALIAS MD YOUSUF ALI SON OF LATE HAJAT ALI RESIDENT OF VILLAGE DHOBNGA KHAITI PS BHURAGAON DISTRICT MORIGAON ASSAM VERSUS THE STATE OF
GAHC010215312026
2026:GAU-AS:14545
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1361/2026
ICHAB ALI ALIAS MD YOUSUF ALI
SON OF LATE HAJAT ALI RESIDENT OF VILLAGE DHOBNGA KHAITI PS
BHURAGAON DISTRICT MORIGAON ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. R BORA, Advocate for the Respondent : PP, ASSAM, BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
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ORDER
30.09.2026 Heard Mr. R. Bora, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
2. In this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, the petitioner has challenged the orders dated 22.11.2022 and 22.02.2023, passed by the learned Chief Judicial Magistrate, West Karbi Anglong, Hamren, in PRC Case No.468/2020. It is to be noted here that vide impugned order dated 22.11.2022, the learned Chief Judicial Magistrate, West Karbi Anglong, Hamren, has issued warrant of arrest and proclamation & attachment against the petitioner and also vide impugned order dated 22.02.2023, the learned Chief Judicial Magistrate, West Karbi Anglong, Hamren, has declared the petitioner as proclaimed offender.
3. Mr. Bora, learned counsel for the petitioner submits that the petitioner is an accused in PRC Case No.468/2020, wherein charge-sheet has already been submitted by the Investigating Officer after completion of investigation. Mr. Bora further submits that earlier the case was pending before the Executive Court, as in the district of West Karbi Anglong judiciary was not separated from the Executive and that the accused will appear before the learned Trial Court on each and every date and accordingly, he has prayed for setting aside the impugned orders by which warrant of arrest and proclamation & attachment have been issued against the petitioner and he has also been declared as proclaimed offender.
4. Per contra, Mr. Borthakur, learned Additional P.P. referring to the order sheets enclosed with the petition, submits that the petitioner is a habitual defaulter and that charge-sheet of the case has been filed on 25.02.2007 and he was arrested on the strength of warrant of arrest and produced before the learned Trial Court and thereafter, he was granted bail and again he had defaulted in appearing before the learned Court and under such circumstances, he has contended to dismiss the petition.
5. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the impugned orders dated 22.11.2022 and 22.02.2023.
6. Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the petitioner to appear before the learned Chief Judicial Magistrate, West Karbi Anglong, Hamren, on or before 15.10.2026 and to apply for regular bail and in the event of filing such an application, the learned Chief Judicial Magistrate, West Karbi Anglong, Hamren, shall consider the same in accordance with law.
7. Till then, the warrant of arrest and proclamation & attachment issued against the petitioner vide impugned order dated 22.11.2022 and also the impugned order dated 22.02.2023, by which the petitioner has been declared as proclaimed offender, stand stayed, till the date of his appearance before the learned Trial Court.
8. In terms of above, the criminal petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE