Page No.# 1/3 GAHC010095692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./536/2025 SRI GAGAN KALITA SON OF LATE SUREN KALITA, RESIDENT OF TILAPARA TOWN MANGALDAI, WARD NO 5, (L AND B ROAD), P.O. AND P.S. MANGALDAI, DARRANG, ASSAM, PIN- 784125 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI BINAY KALITA S/O LATE MAHADEV KALITA VILLAGE BAR SADERI BHOTANTA SADERI PATACHARKUCHI BARPETA ASSAM PIN-78132 Advocate for the Petitioner : MR. S A HUSSAIN, MR D J HALOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.05.2025 1. Heard Mr. D. J. Haloi, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of NI (CR) Case No.29/2019, pending in the Court of learned Sub-Divisional Judicial Magistrate (M), Bajali, Pathsala. 3. The petitioner is an accused before the Trial Court. 4. On 24.04.2025, the petitioner filed an application being Petition No.865/2025 before the Trial Court seeking adjournment on medical ground of his son. The lawyer for the petitioner did not press the petition. Therefore the Trial Court directed issue of warrant of arrest against the present petitioner. 5. Learned Additional Public Prosecutor had drawn the attention of this Court to the order dated 08.04.2025, passed by the learned Sub-Divisional Judicial Magistrate, Bajali, Pathsala. This order shows that the present petitioner has already taken 5 (five) adjournments at the time of cross-examination of the PW-2. 6. I have considered the submissions made by learned counsel for both the sides. 7. The adjournment was prayed for by the petitioner before the Trial Court by showing medical condition of his son. 8. The petitioner has already taken several adjournments at the time of the cross- Page No.# 3/3 examination of the witnesses of the complainant. 9. This Court is of the opinion that the petitioner deserves to be given another opportunity to cross-examine the witnesses of the complainant. 10. Therefore impugned order dated 24.04.2025 directing issue of warrant of arrest against the present petitioner is set aside. 11. The warrant of arrest, if issued shall be recalled. 12. The petitioner Gagan Kalita is directed to appear before the Trial Court on 16.05.2025. 13. The complainant of the case shall also produce PW-2 on that day for cross- examination by the present petitioner. 14. The complainant shall have the liberty to examine more witnesses if he desires. 15. After hearing both sides, the Trial Court shall dispose of the case in accordance with the procedure as laid down by law. 16. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant