Gauhati High Court
Crl.Pet./1130/2026 of SRI RAJU HUSSAIN Vs THE STATE OF ASSAM on 13 August 2026
GAHC010168042026 2026:GAU-AS:11547 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1130/2026 SRI RAJU HUSSAIN S/O CHANDAN MIYA, R/O VILL TARAPUR, PO JALALPUR, CACHAR, ASSAM 788816 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM
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GAHC010168042026
2026:GAU-AS:11547
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1130/2026
SRI RAJU HUSSAIN
S/O CHANDAN MIYA, R/O VILL TARAPUR, PO JALALPUR, CACHAR, ASSAM 788816
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. B PURKAYASTHA, MR P BHATTACHARJYA
Advocate for the Respondent : PP, ASSAM, BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
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ORDER
14.08.2026 Heard Mr. B. Purkayastha, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
2. The order dated 20.07.2026, passed by the learned Chief Judicial Magistrate, Page No.# 2/2 Sribhumi, in PRC Case No.1438/2024, arising out of Ratabari P.S. Case No.117/2024 is challenged in this petition under Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
3. Mr. Purkayastha, learned counsel for the petitioner submits that the petitioner is the accused in the aforementioned case and that the said case was charge-sheeted without there being any involvement of the petitioner with the offence alleged in the FIR and summon was not properly served upon him and thereafter, vide order dated 20.07.2026, the learned Trial Court has issued non-bailable warrant of arrest against him and he also submits that the petitioner is ready to face trial and will appear before the learned Trial Court on each and every date and therefore, he has contended to allow this petition.
4. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor, Assam, however, submits that the impugned order suffers from no infirmity or illegality requiring any interference of this Court.
5. After hearing the learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner to appear before the learned Trial Court and to apply for regular bail and in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law.
6. Till then, the non-bailable warrant of arrest issued against the petitioner shall be kept in abeyance. Comparing Assistant Sd/- Robin Phukan JUDGE