Page No.# 1/2 GAHC010070702025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./400/2025 KANTU DAS S/O- SRI SARBESWAR DAS, R/O- VILL 2 NO BANTU GAON, PO AND PS DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:MAHENTI DAS W/O- PUNESWAR DAS R/O- VILLAGE- 2 NO- BANTU GAON P.O AND P.S- DHAKUAKHANA DIST- LAKHIMPUR ASSA Advocate for the Petitioner : R L CHUTIA, MR A KHANIKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.11.2025 Heard Mr. A Khanikar, learned counsel for the petitioner. Also heard Mr. K K Porasor, learned Additional Public Prosecutor, Assam. Page No.# 2/2 This is an application filed under Section 528 of the BNSS, 2023 challenging the order dated 03.07.2023 passed by the learned Sub Divisional Judicial Magistrate (M), Dhakuakhana in PRC Case No. 272/2022. Summon was issued to the petitioner and the same was received by his father. The petitioner did not appear and therefore the court below directed issue of NBWA as well as P & A against the petitioner. The petitioner has now submitted that he is interested in facing the trial and he should be given adequate opportunity to that effect. On the other hand, Mr. Porasor has objected the prayer of the petitioner. I have considered the submission made by the learned counsel for both the sides. Since the petitioner is interested in facing the trial, he deserves to be given a chance to contest the case. Therefore, the prayer of the petitioner is allowed. The NBWA as well as P & A issued against the petitioner by the Sub Divisional Judicial Magistrate (M), Dhakuakhana in PRC Case No. 272/2022 is recalled. The petitioner Sri Kantu Das is directed to appear before the trial court within 7 (seven) days from today. On his appearance, the trial court shall release the petitioner on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate (M), Dhakuakhana. With the above, the criminal petition is disposed of. JUDGE Comparing Assistant