Page No.# 1/2 GAHC010084372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./462/2025 DANIEL TIRKEY S/O DAUD TIRKEY R/O DAKHIN BISHRAMPUR, P.O KAILASHPUR, P.S BORDUMSA DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:JAHIRUL ISLAM S.I OF GAURISAGAR POLICE STATION P.O AND P.S GAURISAGAR DIST SIVASAGAR ASSAM PIN-78566 Advocate for the Petitioner : MR. S ISLAM, MR S GOGOI,A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 23.04.2025 Heard Mr. S. Islam, the learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam representing the State. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 praying for quashing all orders passed by the learned Addl. Chief Judicial Magistrate, Sivasagar in PRC No.141/2023 issuing Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Daniel Tirkey. 3. The petitioner has submitted that his original house is in the district of Tinsukia but he works at Amingaon, Kamrup. For that reason, the summons issued to him in his Tinsukia address was not received by him. 4. The petitioner, now, submits that he wants to face the trial and therefore, he should he given one opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that he deserves to be given an opportunity to contest the case. 7. Therefore, all orders passed by the Addl. Chief Judicial Magistrate, Sivasagar in PRC No.141/2023 issuing Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Daniel Tirkey are set aside. The Warrant of Arrest if issued shall be recalled. 8. The petitioner Daniel Tirkey is directed to appear before the Addl. Chief Judicial Magistrate, Sivasagar in PRC No.141/2023 within next 10(ten) days and on his appearance, he shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the said court [Addl. Chief Judicial Magistrate, Sivasagar]. With the above direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant