Page No.# 1/3 GAHC010237932025 2025:GAU-AS:15230 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1342/2025 MANIL DAIMARY SON OF LATE SHUKHAN DAIMARY, R/O UTTAR GANDHIBARI, P.O. GANDHIBARI, P.S. TAMULPUR, DIST. BAKSA, (NOW DISTRICT- TAMULPUR, ASSAM), PIN- 781367 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI PHULEN BRAHMA SON OF LATE ROHAN BRAHMA R/O VILL- PUB KACHUKATA P.S. TAMULPUR DIST. BAKSA ASSAM PIN-781367 Advocate for the Petitioner : MR T H HAZARIKA, MR M CHETIA,MR A RASHID Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.11.2025 1. Heard Mr. T.H. Hazarika, the learned counsel for the petitioner. Also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Manil Daimary, impugning the order dated 30.08.2025, as well as 25.09.2025, passed by the Court of the learned Sub-Divisional Judicial Magistrate, Baksa in PRC Case No. 605/2024, whereby, non-bailable warrant of arrest were issued against the present petitioner. 3. The learned counsel for the petitioner submits that the petitioner never received any summons from the Trial Court, though his name was mentioned in the charge sheet. 4. He further submits that though the petitioner was informed about the issuance of bailable warrant and, accordingly, he appeared before the Police Station and was released on bail by the Police. However, on the next date fixed, i.e. on 30.08.2025 as well as 25.09.2025, he could not appear before the Trial Court, as he was suffering from ailment (chronic low back pain). 5. In support of his submissions, he has annexed as Annexure-4, the medical certificate issued by Medical Officer of Tamulpur S.D.C.H. Page No.# 3/3 6. The learned counsel for the petitioner submits that the next date of the case is fixed before the Trial Court on 11.11.2025 and the petitioner is ready to appear before the Trial Court and co-operate in the trial. However, as non-bailable warrant of arrest has already been issued against him, he seeks some interim protection in this regard. 7. After considering the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, this Court is of the considered opinion that as the petitioner is willing to face the trial, he may be granted an opportunity to appear before the Trial Court. Accordingly, this criminal petition is disposed of with a direction to the petitioner to appear before the Trial Court within 7(seven) days from the date of this order and co-operate in the trial. 8. In order to facilitate his appearance before the Trial Court, the non-bailable warrant of arrest issued against him by the Trial Court shall not be executed for next 7(seven) days. After his appearance before the Trial Court, he may seek any appropriate relief, to which he is legally entitled to, if so advised. 9. This criminal petition is accordingly, disposed of. JUDGE Comparing Assistant