Page No.# 1/3 GAHC010177292025 2025:GAU-AS:11303 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./995/2025 GURUDAS SINHA SON OF LATE CHURACHAND SINHA R/O VILL- BHAKATPUR (CHINCOORIE ROAD), SILCHAR P.O. BHAKATPUR, P.S. SILCHAR DIST. CACHAR, ASSAM, PIN-788005. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SRI SWARUP KANTI SINHA S/O LATE KISHIRODE CHANDRA SINHA RESIDENT OF LINK ROAD LANE NO. 1 SILCHAR-788006 DIST. CACHAR ASSAM PRESENTLY RESIDING AT PROTECH PARK FLAT NO. T-2C HENGRABARI P.O. HENGRABARI P.S. DISPUR GUWAHATI-781036 DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. B P SINHA, MS B.SINHA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 22.08.2025 Heard learned counsel Mr. B. P. Sinha, for the petitioner, Sri Gurudas Sinha. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the respondent no.1. 2. The petitioner has filed this application under Section 528 read with Sections 438 and 442 of the BNSS, 2023 with prayer for quashing and setting aside the order of issuance of N.B.W.A., issued by the learned Sub- Divisional Judicial Magistrate (S) No. II, Kamrup (M) at Guwahati on 04.05.2024 and order dated 28.7.2025 in CR. Case No. 464c/2019 fixing for show cause notice and appearance and report on 29.08.2025. 3. It is submitted that the petitioner is 74 years old and he was unable to attend the Court regularly and this was the reason why the petitioner was unable to be present in the Court when the impugned order was passed. 4. It is further submitted that the petitioner did not intentionally cause the delay and laches in the Trial as he was unable to appear regularly due to his old age. The petitioner has to travel 300 kms. from Silchar to Guwahati as he is a resident of Silchar and this case has been instituted against him at Guwahati. 5. The petitioner is willing to co-operate with the remaining part of trial. 6. I have considered the submissions at the Bar with circumspection. 7. I have also scrutinized the copies of the orders of the learned Trial Court marked as Annexure- E and F of the petition. Page No.# 3/3 8. I have taken a pragmatic view. As the petitioner is willing to co-operate with the remaining part of the trial, the N.B.W.A. issued against the petitioner is kept in abeyance for 30 (thirty) days and within (one month), the petitioner shall appear before the learned Trial Court and co-operate with the trial. 9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant