Page No.# 1/3 GAHC010081512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./451/2025 SRI NAYAN BARMAN SON OF DHANESWAR BARMAN, RESIDENT OF VILLAGE KAITHALKUCHI, P.S. BELSOR, DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM 2:SRI DAYA KANT PODDAR SON OF LATE RAM LOCHAN PODDAR RESIDENT OF LOKHRA HARICHANDRA PATH GUWAHATI P.S.BASISTHA DIST. KAMRUP (M) ASSAM PIN-78102 Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 21.04.2025 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. This is an application under Section 528 of BNSS, 2023, R/W Section 438/442 for setting aside the order dated 13.05.2024 and the subsequent orders passed by the learned Chief Judicial Magistrate, Baksa in connection with PRC Case No.360/2022 u/s 379/120 (B)/411/34 IPC. It is submitted by the learned counsel for the petitioner that the petitioner earlier has appeared before the Trial Court and he was allowed to remain on previous bail. On subsequent date, a petition was filed showing cause of his absence. Subsequently, the petitioner failed to appear before the Trial Court for which the warrant of arrest and P/A was issued. It is also submitted by the learned counsel for the petitioner that due to miscommunication with the engaged lawyer, the petitioner did not appear before the trial court. Learned counsel further submitted that the petitioner is now ready to appear before the trial court to face the trial and prayed to recall the warrant of arrest and P/A. Mr. D.P. Goswami, learned Additional Public Prosecutor, on the other hand, submits that the petitioner may appear before the trial court seeking regular bail. Page No.# 3/3 I have considered the submissions made by the learned counsel for the parties. In view of the above, the petitioner is directed to appear before the trial court within 10 days from today and in the event of filing any bail application, the same shall be considered in accordance with law. Till such appearance of the petitioner before the trial court, the warrant of arrest and P/A issued against the petitioner shall be kept in abeyance. If the petitioner fails to appear during such period, the Trial Court is at liberty to pass any such appropriate order as prescribed by law. Accordingly, criminal petition stands disposed of. JUDGE Comparing Assistant