Interim protection against arrest is valid until the individual appears before the court as instructed.

ORDER

29-05-2025 Heard Mr. F. Haque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

2. The petitioner, namely, Kashem Munchi, son of late Kalu Sheikh, resident of Majrabari Part No.1, Police Station-Bijni, District-Chirang, Assam has filed this application on 14.05.2025 under Section 528 BNSS, 2023, praying amongst others, to recall the orders, whereby, Non-Bailable Warrant of Arrest (NBWA) and Proclamation and Attachment (P&A) issued against him in connection with PRC Case No. 148/2022, presently pending before the Court of learned Additional Chief Judicial Magistrate (CJM), Chirang, BTAD.

3. With regard to the accused persons in Runikhata P.S. Case No.27/2020, the petitioner herein appeared as a bailor. However, on obtaining necessary reports from the authorities concerned and the concerned Investigating Officer of Bijni Police Station, the Court found that the petitioner as a bailor submitted forged and fake land documents before the Court while he stood as a bailor of the accused of said Runikhata P.S. Case No.27/2020. As such, the Court of learned Addl. CJM, Chirang, BTAD, Kajalgaon on 31.10.2020 directed the Officer-in-Charge of Dhaligaon Police Station to register a case against the petitioner and the said Court by the said order dated 31.10.2020, took cognizance of the offences under Sections 177/182/196 IPC against the petitioner in said Runikhata P.S. Case No.27/2020. Said complaint was later registered as Dhaligaon P.S. Case No.296/2020 under Sections 420/177/182/196 IPC against the petitioner.

4. After submission of Charge-Sheet in said Dhaligaon P.S. Case No.296/2020, the same was registered as PRC Case No.148/2022 and the matter is presently pending before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon.

5. Though summons was issued to the petitioner, he did not appear in said PRC Case No.148/2022 before the Trial Court. As such, the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon issued orders of Non-Bailable Warrant of Arrest (NBWA) against the petitioner for his appearance and also issued Proclamation and Attachment (P&A) against him. Those orders of NBWA and P&A are still in force against the petitioner in said PRC Case No.148/2022, presently, pending before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon.

6. It is submitted by the petitioner that he is willing to appear before the learned Additional CJM, Chirang, BTAD, Kajalgaon in said PRC Case No.148/2022, arising out of Dhaligaon P.S. Case No.296/2020.

7. However, as the orders of NBWA and P&A are in force against him, the petitioner apprehends that if he appears before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon, in said PRC Case No.148/2022, he may be apprehended and detained in custody. Hence, this criminal petition.

8. After hearing the learned counsels for the parties and considering the materials, the petitioner, namely, Kashem Munchi, son of late Kalu Sheikh is directed to appear before the learned Additional CJM, Chirang, BTAD, Kajalgaon, in said PRC Case No.148/2022, on or before 12.06.2025 and to file appropriate application for recalling the orders of NBWA and P&A issued against him and also for bail in the said proceeding.

9. In the event of appearing before the Court of learned Additional CJM, Chirang, BTAD, Kajalgaon, on or before 12.06.2025 in said PRC Case No.148/2022 and in the event of filing any such appropriate application by the petitioner for recalling the orders of NBWA and P&A issued against him in said PRC Case No.148/2022 and also for his bail in the said PRC Case, the learned Add