Page No.# 1/4 GAHC010046072025 2025:GAU-AS:2406 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./267/2025 NITUL GAYAN S/O LATE BANAMALI GAYAN VILL-MURHANI,P.O.CHALCHALI PURONIGUDAM,P.S. SAMAGURI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MRIDUSMITA KAKATI VILL- ADP ROAD CHRISTIANPATTY P.O.NAGAON P.S.SADAR DIST. NAGAON ASSA Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.03.2025 1. Heard Ms. G. Borah, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor, Assam. 2. This application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Sri Nitul Gayan, who is aggrieved by the order dated 24.01.2025, in N.I. Case No. 94/2016, by the Court of the learned Chief Judicial Magistrate, Nagaon. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial in N.I. Case No. 94/2016, under Section 138 of the N.I. Act, 1881. 4. It is submitted by the learned counsel for the petitioner that the petitioner was regularly appearing before the Trial Court. However, on 24.01.2025, the petitioner defaulted in appearing before the Trial Court, as in another case, i.e., N.I. Case No. 93/2016, the Trial Court, had issued non-bailable warrant of arrest against him due to apprehension of getting arrested in defaulted from appearing. 5. The learned counsel for the petitioner has submitted that the petitioner is ready to face the trial and is ready to appear before the Trial Court on 07.04.2025. 6. She also submits that this Court has given interim protection to Page No.# 3/4 the petitioner in connection with N.I. Case No. 93/2016, by an order dated 06th March, 2025, passed in Criminal Petition No. 268/2025. 7. In view of the said fact, the learned counsel for the petitioner submits that she may be given some protection, so as to facilitate her appearance before the Trial Court on the next date fixed, i.e. on 07.04.2025. 8. I have considered the submissions made by the learned counsel for the petitioner, as well as have gone through the materials on record. The petitioner was given an interim protection, by this Court, by order dated 06th March, 2025, passed in Criminal Petition No. 268/2025, whereby, the non-bailable warrant of arrest issued against him, by the Trial Court was suspended. 9. As the petitioner is ready and willing to face the trial, as well as considering the facts and circumstances of this case, this Court is inclined to dispose of this Criminal Petition, without issuing notice to the respondent No. 2. 10. Accordingly, this Criminal Petition is disposed of with a direction to the petitioner to appear the Court of the learned Chief Judicial Magistrate, Nagaon, in N.I. Case No. 94/2016 on 07.04.2025, i.e. the next date fixed in the said case. 11. To facilitate his appearance before the said Court, on the said date, the non-bailable warrant of arrest issued against the petitioner, by the Trial Court shall be kept under suspension till that day. Page No.# 4/4 12. With the above observations, this Criminal Petition is disposed of. JUDGE Comparing Assistant