Page No.# 1/4 GAHC010103342025 2025:GAU-AS:6654 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./605/2025 NIRMAL DOHUTIA S/O LATE MONESWAR DOHUTIA R/O NO. 03, BARALI GAON P.S. KAKOPATHER DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:DEBENDRA DAS (S.I.) BAGHJAN P.S. DIST. TINSUKIA ASSAM PERMANENT ADDRESS- S/O SRI BHIM KANTA DAS R/O KRISHNAPUR P.S. PHILLOBARI DIST. TINSUKIA ASSA Advocate for the Petitioner : MR. R CHETRI, MR N MILI,MR U SAIKIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 26/05/2025 Heard Mr. Raj Chetry, learned counsel for the petitioner and Mr. P Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. 2. Aggrieved by the order dated 25.04.2025 passed by the learned Chief Judicial Magistrate, Tinsukia in PRC Case No. 279/2022 arising out of Baghjan Police Station Case No. 26/2021 registered under Sections 188/353/34 of the IPC read with Section 51(a) of the ASDMA Act corresponding to G.R. No. 1100/2021, whereby order of Non-Bailable Warrant of Arrest had been issued against him for his appearance before the Court in said PRC Case No. 279/2022, the petitioner, namely, Nirmal Dohutia, son of Late Moneswar Dohutia, resident of No. 3 Barali Gaon, P.S. Kakopather, District- Tinsukia, Assam has filed this application under Section 528 BNSS, 2023 read with Sections 438/442 of the BNSS, 2023 praying for setting aside and quashing the said order dated 25.04.2025 passed by the learned CJM, Tinsukia in PRC Case No. 279/2022. 3. In Baghjan P.S. Case No.26/2021 registered under Sections 188/353/34 of the IPC read with Section 51(a) of the ASDMA Act corresponding to G.R. No. 1100/2021, the petitioner is an FIR named as well as charge-sheeted accused in which charge-sheet was filed on 31.07.2021 vide charge-sheet No. 23/2021. After filing of the said charge-sheet No. 23/2021 on 31.07.2021, said G.R. No. 1100/2021 arising out of Baghjan P.S. Case No.26/2021 was registered as PRC Case No. 279/2022 before the learned CJM, Tinsukia. 4. On 22.04.2022, the learned CJM, Tinsukia in said PRC Case No. 279/2022 took cognizance of the offences under Sections 188/353/34 of the IPC against the petitioner and six others. 5. Initially the petitioner appeared before the learned CJM, Tinsukia in said PRC Case No. 279/2022 and by order dated 11.10.2022, the petitioner was allowed to go on P.R. Bond of Rs.3000/-, but subsequent to that the petitioner remained absent before the learned CJM, Tinsukia in said PRC Case No. 279/2022. Because of such non-appearance, the learned CJM, Tinsukia on 20.02.2025 in said PRC Case No. 279/2022 issued Warrant of Arrest against him for his appearance in the said case. As the petitioner did not appear before the learned CJM, Tinsukia on 25.04.2025 in said PRC Case No. 279/2022, order of Non-Bailable Warrant of Arrest was issued against him on 25.04.2025, fixing the Page No.# 3/4 matter on 21.05.2025. 6. It is submitted on behalf of the petitioner that the said PRC Case No. 279/2022 is fixed before the learned CJM, Tinsukia on 21.06.2025. 7. The petitioner submitted that he is willing to appear before the Court of learned CJM, Tinsukia in said PRC Case No. 279/2022, but because of the orders of Warrant of Arrest and NBWA issued against him by the said Trial Magistrate, he is of the apprehension that once he appears before the said Trial Magistrate, he will be apprehended and detained in custody. Hence this criminal petition. 8. Considering the entire aspects of the matter, this criminal petition is disposed of at the motion stage itself directing the petitioner, Nirmal Dohutia, son of Late Moneswar Dohutia, to appear before the Court of learned CJM, Tinsukia on or before 13.06.2025 in said PRC Case No. 279/2022 arising out of Baghjan P.S. Case No.26/2021. 9. On his such appearance before the learned CJM, Tinsukia in said PRC Case No. 279/2022, the petitioner shall file appropriate application for recalling the orders of Warrant of Arrest and NBWA issued against him by the learned CJM, Tinsukia in PRC Case No. 279/2022 as well as application for his bail in said PRC Case. 10. In the event of his appearance before the learned CJM, Tinsukia on or before 13.06.2025 and in the event of filing any application for recalling the orders of Warrant of Arrest and NBWA issued against him in PRC Case No. 279/2022 as well as bail application in said PRC Case No. 279/2022 arising out of Baghjan P.S. Case No.26/2021, the learned CJM, Tinsukia, shall consider those in accordance with law, securing the presence of the petitioner, in said PRC Case No. 279/2022 on its subsequent dates and during the trial of the said case till its conclusion. 11. Enabling the accused petitioner, named above, to appear on or before 13.06.2025 in said PRC Case No. 279/2022 arising out of Baghjan P.S. Case No.26/2021 before the learned CJM, Tinsukia; it is directed that the orders of Warrant of Arrest and NBWA passed by the learned CJM, Tinsukia, against the petitioner in said PRC Case No. 279/2022, shall not be given effect to only for the period up to 13.06.2025. 12. However, it is made clear that failure on the part of the petitioner, named above, to appear before the learned CJM, Tinsukia on or before 13.06.2025, the learned CJM, Tinsukia shall be at liberty to pass any such order, which it deems fit and necessary, securing the appearance and/or Page No.# 4/4 presence of the petitioner in the said PRC Case No. 279/2022 during the trial of the said case. 13. It is also made clear that the interim protection granted to the petitioner, noted above, for his appearance in said PRC Case No. 279/2022 arising out of Baghjan P.S. Case No.26/2021 before the learned CJM, Tinsukia shall not be extended beyond 13.06.2025 since this order has been passed in presence of his counsel. 14. With the above observation, this criminal petition stands disposed of. JUDGE Comparing Assistant