Page No.# 1/3 GAHC010045302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./272/2025 KHALILUR RAHMAN BARBHUIYA SON OF LATE NABAB ALI BARBHUIYA RESIDENT OF VILLAGE-GOVINDAPUR,PART-III P.S.-KATIGORAH DISTRICT-CACHAR, ASSAM. PIN-788804 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B U LASKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 07.03.2025 1. Heard Mr. B. U. Laskar, the learned counsel for the petitioner. 2. This application under Section 528 of the BNSS 2023 has been filed by the petitioner, namely, Khalilur Rahman Barbhuiya, who is aggrieved by the order dated 29.11.2023 and the subsequent orders passed by the Court of the learned Additional Chief Judicial Magistrate, Nagaon in M. R. Case No. Page No.# 2/3 121/2004 whereby the non bailable warrant of arrest was issued against the present petitioner. 3. The learned counsel for the petitioner submits that on the said date when the non bailable warrant was issued, the petitioner had engaged his counsel to appear before the Court on his behalf, however, he failed to take steps. 4. The learned counsel for the petitioner has submitted that the petitioner is ready to appear before the Trial Court and pay the outstanding arrear amount to the first party. 5. However, he seeks some protection for appearing before the said Court, as non bailable warrant of arrest has been issued against him. 6. On perusal of the records, it appears that by order dated 02.07.2024 by the Court of the learned Additional Chief Judicial Magistrate, Nagaon passed in M. R. Case No. 121/2004, it appears that an outstanding amount of Rs. 2,95.000/- is due to be paid by the present petitioner to the respondent side. 7. The learned counsel for the petitioner has submitted that the petitioner is ready to pay the said amount. 8. In view of the submission made by the learned counsel for the petitioner and in view of the fact that the petitioner is willing to appear before the Trial Court on the next date, i.e., on 29.03.2025, this Criminal Petition is disposed of with a direction to the petitioner to appear before the Court of the learned Additional Chief Judicial Magistrate, Nagaon in M. R. Case No. 121/2004 on 25.03.2025. 9. To facilitate the appearance before the said Court, the non bailable warrant of arrest issued against him shall remain suspended till that date, subject to the payment of the outstanding arrear amount by the petitioner to Page No.# 3/3 the respondent No. 1 on the said date. 10. With the above observation, this Criminal Petition is disposed of. JUDGE Comparing Assistant