Page No.# 1/2 GAHC010223402024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1299/2024 SIRAJUL ISLAM S/O ENNIS ALI, R/O VILL- SARIAHABARI, P.O.-SILONIBARI, P.S.-NORTH LAKHIMPUR, PIN NO.-787031, DIST- LAKHIMPUR (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.02.2025 1. Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor. 2. Though this application has been made under Section 482 Cr.P.C, however, as the same has been filed after coming into effect of the BNSS, 2023, hence this is treated to be an application under Section 528 of the BNSS. Page No.# 2/2 3. By preferring this application, the petitioner has assailed the order dated 03.02.2024 passed by the learned Additional Chief Judicial Magistrate, North Lakhimpur in connection with PRC Case No.418/2023, whereby, Non-Bailable Warrant of Arrest (NBWA) was issued against the present petitioner. 4. Learned counsel for the petitioner has submitted that as the petitioner went to Chennai for his livelihood, he defaulted in appearing before the Trial Court. However, he is now willing and ready to appear before the Trial Court and cooperate in the trial. 5. He submits that the next date of PRC Case No.418/2023 is fixed on 12.03.2025 before the Trial Court and he may be allowed to appear before the Trial Court. 6. Learned counsel for the petitioner also submits that for facilitating his appearance, some interim protection may be afforded to him. 7. Learned Additional Public Prosecutor considering the submissions of the learned counsel for the petitioner that the petitioner is willing to appear and cooperate in the trial, has not opposed the prayer. 8. In view of the above, the criminal petition stands disposed of with a direction to the petitioner to appear before the Trial Court i.e., Additional Chief Judicial Magistrate, Lakhimpur in PRC Case No.418/2023 on 12.03.2025 and cooperate in the trial. 9. To facilitate the appearance of the petitioner before the Trial Court, the Non-Bailable Warrant of Arrest issued against the petitioner by the said Court shall remain suspended till 12.03.2025. 10. With the above observation, the criminal petition is disposed of. JUDGE Comparing Assistant