Page No.# 1/3 GAHC010245472025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1366/2025 RANJIT KHATANIAR S/O- SRI DEBEN KHATANIAR, R/O- VILL- BHOTANTA MOHITARA, PS- PATACHARKUCHI, PO- BHOTANTA MOHITARA, BAJALI, ASSAM, PIN-781325. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BIKASH KALITA SON OF HIREN KALITA RESIDENT OF VILL- PATHSALA TOWN WARD NO. 3 P.O. PATHSALA P.S. PATACHARKUCHI DIST. BAJALI ASSAM PIN-781325 Advocate for the Petitioner : MR. T DEURI, U BHARADWAJ,MS. L WANGSA,MS A DAS,MRS. R S DEURI,MD A RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.11.2025 1. Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 528 of BNSS has been filed by the petitioner, namely, Ranjit Khataniar impugning the order dated 29.05.2025 passed in NI Case No. 30/2022 by the Court of learned Sub-Divisional Judicial Magistrate(M), Bajali, Pathsala whereby warrant of arrest was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the present petitioner is facing trial under Section 138 of NI Act in NI Case No. 30/2022 before the Court of learned Sub-Divisional Judicial Magistrate(M), Bajali, Pathsala. He submits that the petitioner was appearing regularly before the Trial Court, however, on 29.05.2025, he defaulted in appearing before the Trial Court due to communication gap with his engaged counsel and on that day, the Trial Court issued non-bailable warrant of arrest against him at the very first default itself. 4. The learned counsel for the petitioner submits that in case when an accused, who is facing trial in criminal case is appearing regularly before the Trial Court and defaults on one occasion, the proper approach is to issue bailable warrant of arrest at the first instance without going directly for issuing non-bailable warrant of arrest. In support of his submissions, the learned counsel for the petitioner has cited a ruling of the Apex Court in the case of “Raghuvansh Dewanchand Bhasin Vs. State of Maharashtra & Anr” reported in “(2012) 9 SCC 791”. Page No.# 3/3 5. The learned counsel for the petitioner submits that the next date of NI Case No. 30/2022 is fixed before the Trial Court on 04.12.2025 and the petitioner is ready and willing to appear before the Trial Court on the said date and co-operate in the trial. However, as non-bailable warrant of arrest has already been issued, he seeks some interim protection in this regard. 6. I have considered the submissions made by the learned counsel for the petitioner and have gone through the records. 7. It appears that the petitioner only defaulted on the day on which the non-bailable warrant of arrest was issued against him, prior to that he was appearing before the Trial Court and since he is ready and willing to appear before the Trial Court and face the trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Trial Court in NI Case No. 30/2022 on the next date fixed i.e., 4th of December, 2025. 8. To facilitate his appearance before the said Court, the non-bailable warrant of arrest issued against him by the Trial Court shall not be executed against him till that date. 9. On his appearance before the Trial Court, the petitioner may seek appropriate relief to which he is legally entitled to. 10. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant