Page No.# 1/3 GAHC010032742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./194/2025 RITESH PEGU S/O DIBAKAR PEGU, PERMANENT RESIDENT OF NO 1 BORHATI TELAM PS JONAI DISTRICT DHEMAJI ASSAM PRESENTLY RESIDING AT YINGKIONG UPPER SIANG ARUNACHAL PRADESH 791002 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY PP ASSAM 2:HEMKANTA PEGU D/O LATE KHAGEN PEGU RESIDENT OF SIGA DAHGHAIRA PO JON KERENG PS JONAI DISTRICT DHEMAJI ASSAM 78706 Advocate for the Petitioner : MR. A BARUAH, MR. J P MORE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.02.2025 1. Heard Mr. J. P. More, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. This criminal petition under Section 528 of BNSS, 2023 has been filed by the petitioner namely, Ritesh Pegu, who is aggrieved by the order dated 11.12.2024 of the Court of learned Sessions Judge, Dhimaji in Sessions Case No. 97/2015, whereby non-billable warrant of arrest was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner is facing trial in the Sessions Case No. 97/2015 under Section 395/398 of the Indian Penal Code and he was regularly appearing before the Trial Court for last 10 years. However, on 20.11.2024, due to some communication gap with his engaged counsel he defaulted from appearing before the Trial Court and the Trial Court issued non-billable warrant against him. Later on, the Trial Court also issued orders for proclaiming him as an absconder as well as for attachment of his properties. 4. The learned counsel for the petitioner has submitted that the next date of trial of Sessions Case No. 97/2015 is fixed on 18.03.2024 and the petitioner is ready and willing to appear before the Trial Court and cooperate in the trial. 5. He however, seeks some interim protection as non-billable warrant of arrest has been issued against him. 6. I have considered the submissions made by learned counsel for both the sides and have perused the materials available on record. 7. Since the petitioner was appearing before the Trial Court and defaulted due to communication gap with his counsel and since, he is ready and willing to face the trial this criminal petition is disposed of with a direction to the petitioner to appear before the Court of learned Sessions Judge, Dhimaji, in Sessions Case No. 97/2015 on the next date fixed i.e., on 18.03.2024. Page No.# 3/3 8. On his appearance before the Trial Court he may make he may file any application seeking any relief to which he is legally entitled to. To facilitate his appearance before the Trial Court, the operation of non-bailable warrant issued against him by the Trial Court shall remain suspended till 18.03.2024. 9. With above observation this criminal petition is disposed of. JUDGE Comparing Assistant