Page No.# 1/2 GAHC010041112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./231/2025 SRI DEBAJIT HANDIQUE S/O HORENDRA NATH HANDIQUE R/O NATUN GAON, NH- 37, A.T. ROAD, P.O. MOHANAGHAT DIST. DIBRUGARH, ASSAM VERSUS SRI JAGAT CH GOGOI S/O SRIMOGONA RAM GOGOI R/O BAM HUKUTA, NEAR CENTRAL SCHOOL, DULIAJAN, P.O. AND P.S. DULIAJAN, DIST. DIBRUGARH, ASSAM PIN-786602 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.02.2025 1. Heard Mr. S. Islam, learned counsel for the petitioner. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for setting aside the Orders dated 06.07.2024, Page No.# 2/2 07.09.2024, 21.12.2024 and 06.02.2025 passed by the learned Chief Judicial Magistrate, Dibrugarh in N.I. Case No.126/2018. 3. The petitioner is the accused in the aforesaid case. He took adjournments and therefore the Trial Court had directed the petitioner to pay a cost of Rs.3,000/-, but the petitioner could not appear before the Court below. 4. The learned counsel for the petitioner submits that the petitioner could not appear before the Trial Court due to some medical reasons, in the meantime, the Trial Court issued non-bailable warrant of arrest against him. 5. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial. 6. I have considered the submissions made by learned counsel for the petitioner. 7. This Court is of the opinion that the petitioner shows good cause for his absence therefore the orders directing issue of non-bailable warrant of arrest against the present petitioner Sri. Debajit Handique is set aside. 8. The petitioner is directed to appear before the Trial Court on 07.03.2025, the petitioner shall be allowed to on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dibrugarh. 9. It is also directed that the petitioner shall deposit the cost of Rs.3,000/- on that day and upon payment of the money, the same shall be given to the complainant. 10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant