GUWAHATI, India, Feb. 10 -- Gauhati High Court issued the following order on Jan. 9:

1. Heard Mr. P. Bora, learned Senior Counsel assisted by Ms. K. Bhattacharyya, learned counsel for the petitioners and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent, State of Assam.

2. This criminal petition under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred to assail an Order dated 05.08.2025 and other subsequent Orders whereby warrants of arrest [Non-Bailable Warrant of Arrest] have been issued against the petitioners, and also an Order dated 17.02.2025 whereby an Order for Proclamation and Attachment [P&A] has been issued by the Court of learned Sub-Divisional Judicial Magistrate, Titabor, Jorhat ['the Trial Court'] in the course of proceedings of P.R.C. no. 156/2025.

3. On the basis of a First Information Report [FIR] lodged before the Officer In-Charge, Titabor Police Station on 07.05.2025, a case, Titabor Police Station Case no. 65/2025 [G.R. Case no. 139/2025] was registered for the offences under Sections 126[2]/281/125[4]/ 117[2]/109/351[2]/3[5], Bharatiya Nyaya Sanhita [BNS], 2023. In the FIR lodged, ten persons were named as accused and the two petitioners herein were figured as accused no. 4 and the accused no. 5 respectively.

4. The case, Titabor Police Station Case no. 65/2025 was investigated into and upon completion of investigation, the I.O. submitted a charge-sheet under Section 193, BNSS vide Charge-Sheet no. 67/2025 on 23.06.2025 finding a prima facie case established against six nos. of accused persons including the two petitioners [A-4 and A-5] for commission of offences under Sections 126[2]/351[2]/281/125[a]/117[2]/109/3[5], BNS. In the ChargeSheet, the I.O. made a mention to the effect that when efforts were made to arrest the two petitioners during investigation, they were found absconding evading arrest since the registration of the case. The I.O. further mentioned that during investigation, sufficient evidence were found against the two petitioners for committing the offences. The I.O. in the charge-sheet made a prayer to the Court to declare the two petitioners as absconders.

5. On submission of the charge-sheet, the case has been registered as P.R.C. no. 156/2025. The Trial Court on 05.08.2025 took cognizance of the offences under Sections126[2]/351[2]/ 125[a]/117[2]/109/3[5], BNS against the accused persons : [1] Ritu Prasad Dutta, [2] Jitu Dutta @ Nali, and [3] Bubul Dutta. In so far as the two petitioners, who have also been charge-sheeted, are concerned, the Trial Court took note of the fact that the I.O. mentioned them as absconders in the Charge-Sheet.

6. By Order dated 05.08.2025, the Trial Court while issuing summons to the other four accused persons to secure their appearance, ordered for issuance of warrants of arrest [NBWAs] against the two petitioners treating them as absconding. On 30.08.2025, the Trial Court observed that the warrants of arrest [NBWA] issued against the two petitioners had returned unexecuted with a report seeking another date for execution of the warrant of arrest [NBWA]. Accordingly, the Trial Court ordered for re-issuance of the warrants of arrest [NBWA]. When the warrants of arrest [NBSWAs] issued against the petitioners returned unexecuted seeking another date for execution, the Trial Court on 27.10.2025 ordered for reissuance of the warrant of arrest [NBWA]. An order of similar nature was passed on 28.11.2025.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv%2Bs5qMEQI14JhrEkeibcePDpAhsZYIrITvXoKG4lurJp&caseno=Crl.Pet./24/2026&cCode=1&cino=GAHC010001162026&state_code=6&appFlag=)

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