Page No.# 1/2 GAHC010145932025 2025:GAU-AS:9261 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./829/2025 SRI DIGANTA DEKA S/O- ANIL CH. DEKA. R/O- VILL.- NO.1 BAGTA, BAGTA, P.S.- HAJO, PIN-781102, DIST.- KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RUPALI BARMAN D/O- SRI BASANTA BARMAN. R/O- SINGIRMARI P.S.- HAJO DIST.- KAMRUP Advocate for the Petitioner : MS. T SOM, MS. S. SUT,B. DAS,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.07.2025 1. Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, 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 Sessions Case No.67/2022, pending in the Court of the learned Sessions Judge, Kamrup, Amingaon. Page No.# 2/2 3. The petitioner, Diganta Deka was earlier appear before the Trial Court, thereafter on some dates, he was absent, though his lawyer filed application for him. 4. In 17.12.2024, the petitioner, Diganta Deka absent in the Court nor his lawyer filed any application therefore, the Trial Court directed issue of non-bailable warrant of arrest against him. 5. Learned counsel for the petitioner submits that the aforesaid incident took place because of miscommunication between the petitioner and his lawyer. 6. I have considered the submissions made by learned counsel for both the sides. 7. This Court is of the opinion that the petitioner deserves to be given one opportunity to contest the case. 8. Therefore, the impugned order dated 17.12.2024 and subsequent orders directing issue of non-bailable warrant of arrest against the present petitioner are set aside. 9. It is hereby directed that the petitioner, Diganta Deka shall appear before the learned Sessions Judge, Kamrup, Amingaon in respect of Sessions Case No.67/2022, on 24.07.2025, on his appearance, he shall be allowed to remain on previous bail. 10. With the aforesaid direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant