Page No.# 1/3 GAHC010260792025 2025:GAU-AS:16310 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1487/2025 SRI HIRONYA KUMAR SAIKIA SON OF LATE DEBESWAR SAIKIA R/O- HOUSE NO.99, JAPORIGOG, PO AND P.S -DISPUR, GUWAHATI-781005, DIST- KAMRUP METRO, ASSAM, PROPRIETOR OF M/S PREMIER ENTERPRISES, HAVING ITS REGISTERED OFFICE AT HOUSE NO.76, 1ST FLOOR, RAJGARH MAIN ROAD, GUWAHATI- 781003, DIST- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP.BY THE PUBLIC PROSECUTOR, ASSAM 2:M/S S P HARDWARE REPRESENTED BY SRI KAILASH PAREEK RO- 19 SHREEMANTA MARKET A.T ROAD GUWAHATI KAMRUP METRO ASSAM Advocate for the Petitioner : MR. K R BORA, MR. D K BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.11.2025 Heard Mr K R Borah, learned counsel for the petitioner. Also heard Mr B Page No.# 2/3 Sarma, learned learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 528 of the BNSS, 2023, praying for setting aside and quashing of the order dated 18.09.2025, passed in CR Case No. 4120c/2022, passed by learned Judicial Magistrate First Class, Kamrup (Metro), by which warrants of arrest along with proclamation of attachment order has been passed. 3. The first order on record in this case, by which BWA has been issued is of 30.12.2022, on which date, the learned Trial Magistrate was on leave, the complainant was present and the accused was found absent. A signature is available on the said order, which shows that someone “for” the Judicial Magistrate had issued a bailable warrant of arrest against the accused/petitioner herein. On the following date, i.e. on 27.04.2023, the petitioner has been shown to be absent with steps and prayer was also shown to be allowed, requiring the learned counsel to file Vakalatnama on the next date fixed. On 07.06.2023, the learned TM is shown to be transferred and the In-charge Judicial Magistrate had issued NBWA against the accused. By the last order made available on record by the petitioner dated 18.09.2025, the complainant was required to take fresh steps for issuing NBWA along with P & A against the accused petitioner. The next date fixed was for 26.11.2025. The learned counsel for the petitioner has stated that the next date now fixed is on 25th of March, 2026. 4. I have gone through the documents annexed to the criminal petition and also heard the learned Additional Public Prosecutor appearing for the State. This Court finds that ends of justice would meet if non-bailable warrant of arrest and proclamation of attachment orders passed on 18.09.2025 and on 26.11.2025, if Page No.# 3/3 any, are kept in abeyance till 25th of March, 2026, to give the petitioner herein an opportunity to appear before the learned trial Court on or before the said date. On his appearance, the learned trial Court may decide the requirement of conditions that may be required to be imposed on the petitioner to ensure his presence and further participation in the trial proceedings. 5. It is made clear that on the failure of the petitioner to appear before the learned Trial Court on or before 25.3.2026, the protection granted by this Court shall automatically stand withdrawn without further reference. 6. The Criminal Petition stands disposed of. JUDGE Comparing Assistant