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2025 DAILYLAW 25912 (GAU)

ARUN DAIMARI AND ANR v. ATW (INDIA ) PVT. LTD.

Crl.Rev.P./502/2025 · 2025-12-15

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/2 GAHC010261552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./502/2025 ARUN DAIMARI AND ANR S/O LATE SUJENDRA DAIMARI R/O SUDENPURI, P.O. UDALGURI,DIST. UDALGURI, ASSAM, PIN-784509 2: MISS. TUTOMONI DAIMARI D/O LATE SUJENDRA DAIMARI R/O SUDENPURI P.O. DUALGURI DIST. UDALGURI ASSAM-78450 VERSUS ATW (INDIA ) PVT. LTD. A COMPANY HAVING ITS REGISTERED OFFICE AT CHOWKIDINGEE, DIBRUGARH TOWN, IN THE DISTRICT OF DIBRUGARH, ASSAM, REPRESENTED BY ITS DIRECTOR, SHRI ROHIT KUMAR MORE, S/O LATE OMPRAKASH MORE, R/O CHOWKIDINGEE DIBRUGARH TOWN, DIST. DIBRUGARH, ASSAM Advocate for the Petitioner : MR. S BISWAS, MS D DEVI Advocate for the Respondent : , Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 16-12-2025 Heard Mr. S. Biswas, learned counsel for the petitioners. The learned counsel for the petitioners has submitted that the petitioners are willing to appear and participate in the trial proceedings in connection with N.I Case No.176/2019 & NBWA was issued against the petitioner due to their absence without steps to appear before the learned Trial Court on 09.10.2025 The petitioners apprehended that they may be arrested prior to the next date of listing and therefore, the cause of the petitioners would be redressed if they are allowed to appear before learned Trial Court on the next date of listing on 23.12.2025 and in the meantime, they are protected from being arrested pursuant to the NBWA issued by the learned Trial Court. Since the petitioners have undertaken to appear before the learned Trial Court on the next date fixed, this Court is of the opinion that till such date, the NBWA should be kept in abeyance to facilitate the appearance of the petitioners before the learned Trial Court. Ordered accordingly, the NBWA is suspended. It is clarified that, in case the petitioners do not appear before the learned Trial Court on the next date of listing, this protection shall be revoked without further reference to the Court. On their appearance before the learned Trial Court, the NBWA shall stand recalled and the learned Trial Court would be at liberty to proceed in accordance with law including consideration of any application filed by the petitioners with regard to their continued appearance to stand Trial. Criminal revision petition stands disposed of. JUDGE Comparing Assistant