Page No.# 1/7 GAHC010071732025 2025:GAU-AS:4238 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./408/2025 PRASANTA DAS SON OF NARAYAN DAS , RESIDENT OF VILLAGE AMTOLA, P.O. PUB GORIMARI, P.S. KAMPUR, DIST. NAGAON, ASSAM PIN-782426 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N BORAH, MR M.J. BHARALI,G. R. SINGHA Advocate for the Respondent : PP, ASSAM, Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 07.04.2025 Heard Mr. N. Borah, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the State respondent. 2. This petition is filed under Section 528 of the BNSS, 2023 seeking quashing of the orders dated 04.04.2022, 06.11.2024, 27.02.2025 and all other subsequent orders passed by the learned JMFC No.1, Nagaon, Assam in PRC Case No.624/2019 by which Non- Bailable Warrant of Arrest, Order of Proclamation and Order of the Absconding was issued against the petitioner respectively. 3. The brief facts of the case is that the wife of the petitioner lodged an FIR on 06.09.2018 at Kampur Police Station in Nagaon district, which was registered as Kampur P.S. Case No.230/18 under Sections 498(A)/494 of IPC alleging, inter-alia, that after the marriage, the petitioner started torturing her both physically and mentally and also demanded money. Thereafter, a case was registered under Section 498(A)/494 of IPC before the Magistrate Court and summons were issued against the petitioner and the petitioner appeared and was also released on bail and accordingly, the trial commenced. 4. It appears that the petitioner appeared before the trial Court initially, however, due to the spread of Corona virus, there being lockdown all over the country, the petitioner, who was working as a security guard at a private company at Chennai during that time could Page No.# 3/7 not come to Nagaon on the next three subsequent days. It further appears that after the lockdown was lifted and the case was fixed on 18.01.2021, neither the petitioner appeared before the Magistrate Court nor any step was taken. It further appears that on subsequent dates as well i.e 12.03.2021, 28.05.2021 and 01.09.2021 since the petitioner did not appear, fresh notices were issued to the petitioner. It further appears that because of the non-appearance of the petitioner, the Magistrate Court by orders dated 04.04.2022 and 06.11.2024 issued Non-bailable Warrant of Arrest and Proclamation against him respectively. 5. It further appears that since the Non-bailable Warrant of Arrest and Proclamation issued against him, returned un-served with a report that he could not be found, the Magistrate Court by order dated 27.02.2025 was pleased to declare the petitioner as absconder and was further pleased to issue Standing warrant against the petitioner. Against the aforesaid orders of the Magistrate Court, the present criminal petition has been filed. 6. Mr. N. Borah, learned counsel appearing for the petitioner submits that since the petitioner was staying outside the jurisdiction of the State of Assam, he could not come during the lockdown period and after the lockdown period was over, his wife expired due to serious health issues at her parental house at Hojai and there being no communication from his engaged counsel as regards the status of the case, he thought that the case is over for which he was not aware of the subsequent dates. He further submits that the petitioner is ready Page No.# 4/7 and willing to appear on all dates as fixed by the trial Court. 7. Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the State respondent fairly submits that considering that the petitioner is ready and willing to appear before the trial Court as and when the case is fixed, the petition can be remanded back to the Magistrate Court for passing appropriate orders in accordance with law. 8. I have heard the learned counsel appearing for both the parties and have perused the material available on record. 9. Apt to refer to the relevant paragraphs of the criminal petition, which reads as hereunder:- “5. That the petitioner most respectfully begs to state that in the month of December, 2020, the petitioner came to know that his wife has expired due to serious health issues at her parental house at Hojai. Due to the death of his wife and non-communication by his engaged counsel, the accused petitioner thought that the case against him is over too as he was not all aware, that his case was still pending before the Hon'ble Court of JMFC No.1, Nagaon, Assam. 6. That the petitioner most respectfully begs to state that after completion of the second lockdown, petitioner along with his family were suffering through tremendous financial constraint and there was no any other income source for the petitioner in his native place and having no other alternative he went to Chennai to work as a security guard in a private company so that he can sustain himself along with his aged parents who were staying at Kampur. Page No.# 5/7 7. That the petitioner most respectfully begs to state that thereafter the lockdown was lifted and the Court reopened and the date fixed for his case was 27.12.2021, but he was not aware of it for which he could not appear before the Hon'ble Court and fresh notice was issued against him as the earlier notice issued against him were not yet returned and the next date fixed was 04.04.2022. On 04.04.2022, due to non-appearance of the accused petitioner, Non- Bailable Warrant of Arrest (NBWA) was issued against the accused petitioner by the Hon'ble Court. 8. That the petitioner most respectfully begs to state that thereafter the Hon'ble Court on 19.07.2022, 21.11.2022, 24.04.2023, 05.08.2023, 14.12.2023, 26.04.2024 and 15.07.2024 consecutively passed similar orders, issuing afresh W/A against the accused petitioner and thereafter the next date fixed was on 06.11.2024. 15. That the petitioner most respectfully begs to state that he could not appear before the trial court since he has not received any notice in connection with the PRC Case No. 624/2019 till date and he had no knowledge about the pendency of the said proceeding before the learned JMFC No.1, Nagaon. The petitioner is ready and willing to appear before the learned trial court to face the trial which is pending in the Court of learned JMFC No.1, Nagaon. The petitioner undertakes to remain present in the subsequent dates that may be fixed by the learned trial court. Therefore, Your Lordships may be pleased to set aside and quashed the impugned orders dated 04.04.2022, 19.07.2022, 21.11.2022, 24.04.2023, 05.08.2023, 14.12.2023, 26.04.2024, 15.07.2024, 06.11.2024 and 27.02.2025 passed by the learned Court of JMFC No.1, Nagaon in PRC Case No.624/2019. Page No.# 6/7 16. That the petitioner most respectfully begs to submit that he had had not avoided to face trial and he had not received any notice in connection with PRC Case No. 624/2019 till date and therefore, he could not appear before the trial court. At present the petitioner has been declared as absconder and standing warrant has been issued against the petitioner till his appearance or production. The petitioner undertakes to appear before the trial court in all subsequent dates and will face the trail. Therefore, Your Lordships may be pleased to set aside and quashed the impugned orders dated 04.04.2022, 19.07.2022, 21.11.2022, 24.04.2023, 05.08.2023, 14.12.2023, 26.04.2024, 15.07.2024, 06.11.2024 and 27.02.2025 passed by the learned Court of JMFC No.1, Nagaon in PRC Case No.624/2019, otherwise the petitioner will suffer irreparable loss and injury for no fault on his part.” 10. It appears that the petitioner was initially appearing before the Magistrate Court on all dates, however, after the breakdown of Corona virus, he has failed to attend the subsequent dates of the trial for which ultimately the orders of Non-bailable Warrant of Arrest, Proclamation and Standing Warrant against him had to be issued respectively. It appears from the above extracted paragraphs that the petitioner has given undertaking before this Court on oath to remain present in the subsequent date that may be fixed by the trial Court. 11. Be that as it may, this Court for the ends of justice, without going into the merits of the case, deems appropriate to dispose of the criminal petition with a direction to the petitioner to appear before the Magistrate Court on 29.04.2025 and upon such appearance, the Magistrate Court shall pass appropriate orders in accordance with law. Page No.# 7/7 12. It is needless to be clarified that till 29.04.2025, the petitioner shall not be arrested. 13. Let Registry communicate the aforesaid order to the Magistrate Court, Nagaon, Assam. 14. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant