Page No.# 1/2 GAHC010102932025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./570/2025 SWAPAN MALO S/O- BALLOV MALO. R/O- VILL.- NATUN ARNE CHAPORI BENGALI, SILAPATHAR NA-GAON, P.O- NA-GAON, P.S- SILAPATHAR. DIST.- DHEMAJI, ASSAM. PIN-787059 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SMTI. KALPANA DEBNATH D/O- SRI YADAB DEBNATH. VILL.- NO.2 MURKONGSELEK P.O.- JONAI P.S.- JONAI. DIST.- DHEMAJI Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 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. This is an application filed under Section 528 of the BNSS, 2023 challenging the order dated 02.05.2022 passed by the learned Judicial Magistrate First Class, Jonai, Dhemaji in PRC Case No. 11/2022. The petitioner Sri Swapan Malo has been shown as an absconder in the charge sheet and, therefore, the trial court directed issue of NBWA against him. The petitioner submits that he has been unnecessarily shown absconder in the charge sheet. 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 issued against the petitioner by the Judicial Magistrate First Class, Jonai, Dhemaji in PRC Case No. 11/2022 is recalled. The petitioner Sri Swapan Malo 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.25,000/- with one surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Jonai, Dhemaji in PRC Case No. 11/2022. With the above, the criminal petition is disposed of. JUDGE Comparing Assistant