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2025 DAILYLAW 18208 (GAU)

MONALISHA BORPATRAGOHAIN v. SRI PRANJIT KUMAR MEDHI

Crl.Pet./1041/2025 · 2025-08-27

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010189662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1041/2025 MONALISHA BORPATRAGOHAIN W/O PUSHPAK SARMA RESIDENT OF HOUSE NO 78, NEAR ALDRIN APARTMENT, BELTOLA TINIALI, PO BELTOLA, PS DISPUR,DISTRICT KAMRUP (M), ASSAM VERSUS SRI PRANJIT KUMAR MEDHI S/O LATE BANESWAR MEDHI RESIDENT OF VILLAGE KEOTKUCHI, PO KEOTKUCHI, PS BARPETA, DISTRICT BARPETA, ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MS M BORA,C N BORA Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28-08-2025 Heard Mr. K.K. Handique, the learned counsel for the petitioner. 2. This is an application u/s 528 of the BNSS, 2023 challenging the impugned Page No.# 2/3 order dated 17.08.2024 passed by learned Court of Additional Chief Judicial Magistrate, Barpeta in N.I. Case No. 103/2019 by issuing NBWA against the present petitioner. 3. It is submitted by Mr. Handique that the present accused/petitioner was attending the Court regularly and in some occasions she was also represented by her engaged counsel. But, on 17.08.2024 she was not aware about the date fixed and the engaged counsel also did not inform about the fixed date for which she could not appear on 17.08.2024 and considering her default, NBWA was issued against her. Thereafter, on subsequent date also the NBWA was issued and she was not being informed by the engaged counsel for which she was not aware about the date fixed by the learned Trial Court below and subsequently she came to know that NBWA was issued against her for which the present petition has been filed for setting aside the order dated 17.08.2024 and the subsequent orders passed. 4. It is submitted by Mr. Handique that the petitioner is regularly attending the Court and she is ready and willing to attend the Court and contest the case accordingly, if she is provided with some protection so that she can appear before the learned Trial Court below. 5. Considering the submissions made by learned counsel for both sides and also considering especially the Order Sheet filed against the present petitioner, one opportunity may be given to the present petitioner to appear before the learned Trial Court below and to contest the case. 6. In view of this, the petitioner is hereby directed to appear before the learned Trial Court below with an appropriate application for bail, which may be considered in accordance with law. But, till 15 (fifteen) days from the date of Page No.# 3/3 order, the NBWA issued against her be stayed/suspended. 7. With the above observations, this criminal petition stands disposed of. JUDGE Comparing Assistant