Page No.# 1/5 GAHC010104582025 2025:GAU-AS:6655 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./584/2025 POOJA UPADHYAY D/O JAGADISH UPADHYAY R/O GOVT. MIDDLE SCHOOL, BOLEMU P.O./P.S. BOLEMU DIST. WEST KAMENG, ARUNACHAL PRADESH. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:CHANDRAMANI PATHAK S/O VINDYACHAL PATHAK CHOTA DHUSAH NEAR JESUS MARY SCHOOL P.S. KOTWALI DEHAT DIST. BALRAMPUR UP- 271201 Advocate for the Petitioner : MR J PAYENG, MR U PANDEY,MS. SUSMITA DOLEY,MS A PAYENG Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26-05-2025 Heard Mr. J. Payeng, learned counsel for the petitioner and Ms. N. Das, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Pooja Upadhyay, daughter of Jagadish Upadhyay, resident of Village-Government Middle School, Bolemu, Post Office & Police Station- Bolemu, District-West Kameng, Arunachal Pradesh has filed this application on 16.05.2025 under Section 528 BNSS, 2023, praying amongst others, to quash and set aside the order dated 23.04.2025, whereby Non-Bailable Warrant of Arrest (NBWA) was issued against her in connection with CR Case No.616/2024, arising out of Paltanbazar P.S. Case No.450/2023, under Section 420 IPC, presently pending before the Court of learned Judicial Magistrate, First Class (JMFC), Kamrup (Metro), Guwahati. 3. The respondent No.2 as a complainant filed a written FIR before the Paltanbazar Police Station against the petitioner and others, which was accordingly registered as Paltanbazar P.S. Case No.450/2023 under Section 420 IPC. 4. After completion of investigation of the case, due to insufficient evidence, Investigating Officer of said Paltanbazar P.S. Case No.450/2023 submitted Final Report (Closure Report) vide F.R. No.4949/2023 dated 30.12.2023 in said Paltanbazar P.S. Case. 5. The informant/complainant of said Paltanbazar P.S. Case, i.e., respondent No.2 submitted protest petition (Narazi Petition) against such closure report in said Paltanbazar P.S. Case. The learned JMFC, Kamrup (M), Guwahati considering the said protest petition as a complaint petition, registered it as Complaint Case No. 616/2024 Page No.# 3/5 and after recording the statement of the said complainant being satisfied took cognizance of the offence under Section 420 IPC issued summons to the petitioner and other accused persons of the case. 6. Though the petitioner received the summons of said C.R. Case No. 616/2024 through post, but could not appear before the learned JMFC on 28.11.2024. As such, her counsel filed an application praying exemption of her personal appearance on the said date and to fix the said case on another date, but, same was rejected and the learned JMFC issued the order of Bailable Warrant of Arrest against the petitioner in said C.R. Case No. 616/2024. 7. On 20.01.2025, the petitioner remained absent in said C.R. Case No. 616/2024 before the learned JMFC showing cause of her illness. As such, the learned JMFC on 20.01.2025 again issued order of BWA of Rs.5,000/- against her for her appearance in said C.R. Case No. 616/2024. 8. Later on 23.04.2025 when the said C.R. case was fixed, the petitioner again filed an application praying before the Magistrate to fix another date for her appearance as she was undergoing medical treatment at Bangalore, but the learned JMFC, Kamrup (M), Guwahati by order dated 23.04.2025 rejected her prayer and issued Non Bailable Warrant of Arrest (NBWA) against her for her appearance in said C.R. Case No. 616/2024 fixing the matter on 30.08.2025 for her appearance and report. 9. It is submitted by the petitioner that she is willing to appear before the learned JMFC, Kamrup (M) at Guwahati in said C.R. Case No. 616/2024. 10. However, as the orders of NBWA and BWAs are in force against her, the petitioner apprehends that if she appears before the Court of learned JMFC, Kamrup (M), Guwahati, in said C.R. Case No. 616/2024, she may be apprehended and detained in custody. Hence, this criminal petition. 11. Petitioner also stated that she being a teacher in the State of Arunachal Page No.# 4/5 Pradesh, her school will reopen on 02.06.2025. 12. After hearing the learned counsels for the parties and considering the materials, the petitioner, namely, Pooja Upadhyay, daughter of Jagadish Upadhyay is directed to appear before the learned Judicial Magistrate First Class, Kamrup (M), Guwahati, in said C.R. Case No. 616/2024, on or before 31.05.2025 and to file appropriate application for recalling the orders of BWAs and NBWA issued against her and also for bail in the said proceeding. 13. In the event of appearing before the Court of learned JMFC, Kamrup (M), Guwahati, on or before 31.05.2025 in said C.R. Case No. 616/2024 and in the event of filing any such appropriate application by the petitioner for recalling the orders of BWAs and NBWA issued against her in said C.R. Case No. 616/2024 and also for her bail in the said C.R. Case, the learned Judicial Magistrate First Class, Kamrup (M), Guwahati, shall consider such applications of the petitioners in accordance with law. 14. 14. While considering the bail application of the petitioner, if any, in said C.R. Case No. 616/2024, the learned JMFC, Kamrup (M), Guwahati, shall pass any such order(s) as it deems fit and proper securing the presence of the petitioner, named above, in said C.R. Case No. 616/2024 on the dates it is fixed and during trial of the case till its conclusion. 15. To facilitate the petitioner to appear before the Court of learned JMFC, Kamrup (M), Guwahati, on or before 31.05.2025 in said C.R. Case No. 616/2024, it is directed that the orders of BWAs and NBWA issued against the petitioner in said C.R. Case No. 616/2024, shall not be given effect till 31.05.2025 and/or date of appearance of the petitioner in said C.R. Case No. 616/2024 on or before 31.05.2025 as directed above. 16. However, if the petitioner fails to appear before the Court of learned Judicial Magistrate First Class, Kamrup (M), Guwahati on or before 31.05.2025 and thereafter, C.R. Case No. 616/2024, the learned JMFC, Kamrup (M), Guwahati shall be at liberty to pass any such order, as it deems fit and proper for appearance of the petitioners in Page No.# 5/5 said C.R. Case No. 616/2024. 17. It is made clear that the interim protection granted to the petitioner, noted above, is only up to 31.05.2025 and it shall not be extended beyond the said period, i.e., 31.05.2025, considering the fact that this order has been passed in presence of the learned counsel for the petitioner. 18. With the above observations and directions, this Criminal Petition stands disposed of. JUDGE Comparing Assistant