Page No.# 1/3 GAHC010000412025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./6/2025 RITURAJ CHUTIA S/O LATE GITIK CHUTIA, R/O MOTAPUNG PART-II, P.S.- MAKUM, TINSUKIA, DIST- TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 07-01-2025 Heard Mr. F. Haque, the learned counsel for the petitioner. Also heard Ms. S.H. Borah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/3 2023 challenging the order dated 27.09.2023 and the subsequent orders whereby the learned SDJM(S), Goalpara had issued NBWA against the present petitioner. 3. It is submitted by Mr. Haque that at the time of investigation the accused/petitioner was on bail and he was supposed to appear before the learned Trial Court below on receipt of the summon. But, due to non-receipt of summon he could not appear before the learned Trial Court below and subsequently from the order it reflects that the police station was wrongly mentioned in the summon which was corrected by the learned Trial Court below and summon was issued. However, he never received any summon from the learned Trial Court below and the NBWA was issued only on 27.09.2023 as his bailor could not produce him before the Court. The present accused/petitioner did not receive any summon from the Court and for that reason only he could not appear before the learned Trial Court below though he was on bail at the time of investigation and was following the terms and conditions of bail. He is still ready and willing to appear before the learned Trial Court below and to contest the case, if the NBWA issued against him is suspended as an interim relief. 4. Ms. Borah, the learned Additional Public Prosecutor submitted in this regard that from the order dated 27.09.2023 it is seen that the accused-petitioner failed to appear before the learned Trial Court below and his bailor also could not produce him before the Court and for which the NBWA had to be issued on 27.09.2023 and the other subsequent dates. However, she submitted that the petitioner may be directed to appear before the learned Trial Court below with an appropriate application for bail which may be considered in accordance with Page No.# 3/3 law. 5. Hearing the submissions made by learned counsel for both sides and I have also perused the case records and the annexures, especially the order sheets filed in the writ petition. It is seen that the case is pending since 2018 for appearance of the present petitioner along with some others. However, from the order it also reveals that the summons were issued in the wrong address which was subsequently corrected by the learned Trial Court below and the NBWA had to be issued by the learned Court below when the bailor could not produce the accused before the Court and considering this aspect only the Court had to issue NBWA without the proper service of the summon. 6. However, considering the submission made by learned counsel for the petitioner, this Court is of the opinion that one chance may be given to the present petitioner to appear before the learned Trial Court below with an appropriate application for bail which may be considered in accordance with law. The petitioner will appear before the learned Trial Court within 15 [fifteen] days from the date of the order and till date the NBWA issued against the present petitioner will remain stayed/suspended. JUDGE Comparing Assistant