Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010206482025
2025:GAU-AS:12867
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1142/2025 NARAYAN DAS S/O HARENDRA DAS, R/O CHUAKHOLA, P.S. FALAKATA, DIST. ALIPURDUAR, WEST BENGAL, PIN 735211 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:GAGAN KALITA S/O BANGSHI BADAN KALITA R/O HOUSE NO. 23 CHAMPAK NAGAR GANESHPARA P.S. FATASIL AMBARI GUWAHATI 25 DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR S RAHMAN, MS. K DAS,MS L MISHRA,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.09.2025
1. Heard Mr. S. Rahman, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Narayan Das, impugning the order dated 29.03.2025 and subsequent orders by which, non-bailable warrant of arrest has been issued against the petitioner in PRC Case No. 3231/2022, by the Court of the learned Judicial Magistrate First Class, Kamrup (M), Guwahati. 3. The learned counsel for the petitioner has submitted that the petitioner has never received any summons from the Trial Court in the aforesaid case. However, he came to know about the issuance of non-bailable warrant of arrest against him and summons from the co-accused. 4. He submits that the next date of the PRC Case No. 3231/2022, is fixed on 06.12.2025 and the petitioner is ready to co-operate in the trial. However, he seeks some interim protection, so that he may appear before the Trial Court. 5. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record. 6. Since the petitioner is ready to face the trial and since the PRC Case No. 3231/2022 is still at the appearance stage, this criminal petition is disposed of with a direction to the above-named petitioner to appear before the Trial Court within a period of 15(fifteen) days from the date of this order in PRC Case No. 3231/2022 and co-operate in the trial. Page No.# 3/3
7.
To facilitate his appearance before the said Court, the non-bailable warrant of arrest issued against the petitioner by the Trial Court shall not be executed for next 15(fifteen) days, from the date of this order. 8. On his appearance before the Trial Court, he may pray for any relief to which he is otherwise entitled to, if so advised. 9. With the above observations, this criminal petition is disposed of. JUDGE Comparing Assistant