Page No.# 1/3 GAHC010116582025 2025:GAU-AS:6965 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/563/2025 in Crl. Pet. No. 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 REP BY 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, MS A PAYENG,MS. SUSMITA DOLEY,MR U PANDEY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 30-05-2025 Heard Mr. J. Payeng, learned counsel for the applicant/petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. Page No.# 2/3 2. Being aggrieved with the orders passed by the learned Judicial Magistrate, First Class (JMFC), Kamrup (M), Guwahati in C.R. Case No. 616/2024, by which the learned JMFC, Kamrup (M), Guwahati issued NBWA for appearance of the petitioner in said C.R. Case No. 616/2024, the petitioner preferred the connected Crl. Pet. No. 584/2025. 3. The said criminal petition was disposed of by order dated 26.05.2025 directing the petitioner to appear before the Court of learned JMFC, Kamrup (M), Guwahati on or before 31.05.2025. 4. Further, in the said order dated 26.05.2025, the applicant was directed to submit necessary application(s) before the Court of learned JMFC, Kamrup (M), Guwahati for recalling the orders of NBWA(s), passed earlier in said C.R. Case No. 616/2024 by the learned JMFC, Kamrup (M), Guwahati for appearance of the petitioner, indicating that those shall be considered by the learned JMFC, Kamrup (M), Guwahati in accordance with law. 5. In addition to the above, the petitioner was also directed to file appropriate application before the Court of learned JMFC, Kamrup (M), Guwahati in said C.R. Case No. 616/2024 for her bail in said C.R. Case, observing that in the event of filing such application by the petitioner, the learned JMFC, Kamrup (M), Guwahati shall consider the same in accordance with law securing the presence of the applicant/petitioner in said C.R. Case No. 616/2024, on the dates fixed. 6. Further enabling the applicant/petitioner to appear before the Court of learned JMFC, Kamrup (M), Guwahati in said C.R. Case No. 616/2024, the orders of NBWAs issued against the applicant/petitioner for her appearance in said C.R. Case No. 616/2024 was kept in abeyance till 31.05.2025. 7. Petitioner stated that though she approached the Court of learned JMFC, Kamrup (M), Guwahati on 28.05.2025 along with the certified copy of the order dated 26.05.2025, passed in the connected Crl. Pet. No. 584/2025 along with applications, Page No.# 3/3 but it was indicated to the petitioner that the said Magistrate have to pass order for her arrest and at that stage, counsel for the applicant on her instruction, withdrew the said application from the Court of learned JMFC, Kamrup (M), Guwahati. 8. The order dated 26.05.2025, passed earlier in the connected Crl. Pet. No. 584/2025 is very clear which has been further clarified in this application. 9. As such, the applicant/petitioner may approach the appropriate Court on or before 31.05.2025 in terms of the order dated 26.05.2025, passed earlier in the connected Crl. Pet. No. 584/2025. 10. Further, it is clarified that Section 420 IPC reflected in paragraph-5 of the said order dated 26.05.2025, passed earlier in the connected Crl. Pet. No. 584/2025, preferred by the applicant as petitioner, shall be read as Sections 195/384 IPC. 11. This order shall be read together with the order dated 26.05.2025, passed earlier in the connected Crl. Pet. No. 584/2025, preferred by the applicant as petitioner. 12. With the above observations and directions, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant