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2025 DAILYLAW 25533 (GAU)

SHANKAR KUMAR BHOWMICK v. RATNA DEY

Crl.Pet./1357/2025 · 2025-11-09

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010242772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1357/2025 SHANKAR KUMAR BHOWMICK SON OF TARANI KANTA BHOWMICK, RESIDENT OF SONAPUR, NEAR TOLL GATE, BEHIND TRISHUL HOTEL, P.O. SONAPUR, GUWAHATI, PIN- 782402, DIST. KAMRUP (M), ASSAM VERSUS RATNA DEY W/O LATE RANJIT KUMAR DEY R/O RANGAPARA, B.R. DUTTA ROAD, WARD NO. 4, DIST. SONAPUR, GUWAHATI, PIN-782402, DIST. KAMRUP (M), ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.11.2025 1. Heard Ms. T. Som, the learned counsel for the petitioner. 2. This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Shankar Kumar Bhowmick, who is aggrieved with the order dated 24.09.2025 passed by the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro) in N.I. Case No. 5034C/2023 whereby the non-bailable warrant of arrest has been issued against the petitioner. 3. The learned counsel for the petitioner submits that the petitioner is facing a trial before the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro) in N.I. Case No. 5034C/2023. 4. She submit that on 24.09.2025, when the N.I. Case No. 5034C/2023 was fixed before the trial court the petitioner could not appear before the said court due to medical reasons and the engaged counsel for the petitioner had submitted a petition before the trial court showing cause of his absence. 5. However, the trial court by order dated 24.09.2025 had rejected the petition and issued non-bailable warrant of arrest against the present petitioner. 6. The learned counsel for the petitioner submits that the next Page No.# 3/3 date of the aforesaid case is fixed before the trial court on 14.11.2025 and the petitioner is willing and ready to appear before the trial court and cooperate in the trial, however she submits that as pending non bailable warrant of arrest is there against the petitioner, some interim protecting may be granted to him. 7. I have considered the submissions made by the learned counsel for the petitioner. 8. Since the petitioner is willing and ready to appear before the trial court and cooperate in the trial, this criminal petition is disposed of with a direction to the above named petitioner to appear the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro) in N.I. Case No. 5034C/2023 on the next date fixed i.e. 14.11.2025. 9. To facilitate his appearance before the trial court, the non- bailable warrant issued against the petitioner shall remain stayed till that day. On his appearance before the trial court, the petitioner may seek any relief to which he is legally entitled to before the said court. 10. This criminal petition is, accordingly, disposed of. JUDGE Comparing Assistant