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2025 DAILYLAW 5342 (GAU)

SATYABAN TANTI v. THE STATE OF ASSAM

Crl.Pet./18/2025 · 2025-01-08

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010001942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./18/2025 SATYABAN TANTI S/O SRI DILIP TANTI R/O VILL- BETIBARI, TEA-ESTATE P.S. MAJGAON DIST. UDALGURI, ASSAM PIN-784507 VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, GOVT. OF ASSAM Advocate for the Petitioner : S AHMED, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.01.2025 Heard Mr. S. Ahmed, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the BNSS, 2023, registered as GR Case No. 1823/2017 arising out of Panbazar Police Station Case No.93/2019, U/S 384/34 of IPC pending in the Court of Judicial Magistrate 1st Class, Kamrup (M), Guwahati. 3. After filing of the charge-sheet, the petitioner had appeared before the Court below and he was allowed to go on bail. Thereafter, the Covid started and the petitioner has lost contact with his lawyer. According to the petitioner, his lawyer has also expired during that period. For absence of the petitioner in the Court, NBWA was directed and issued against him. 4. The petitioner submits that because of miscommunication with his lawyer and because of expiry of his lawyer, all those things happened. Petitioner submits that he is interested in facing the trial and therefore, he deserves to be given one opportunity to appear before the trial court. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to appear before the trial court. Therefore, the prayer made by the petitioner is allowed. 7. All orders directing issue of NBWA against him in respect of GR Case No. Page No.# 3/3 1823/2017 are hereby set aside. 8. The petitioner is directed to appear before the Trial Court on or before 20.03.2025. On that day, he shall be allowed to remain on previous bail. 9. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant