Page No.# 1/3 GAHC010172082026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1142/2026 MR JOTAN TOKO HANNAN ALIAS JOTAM TOKO HANNAN S/O LATE TOKU DOUA SECTOR NEAR RAJ BHAWAN ITANAGARM DISTRICT PAPUM PARE ARUNACHAL PRADESH VERSUS SHAH BROTHERS AND TRADING COMPANY REPRESENTED BY ITS MANAGER NIRAJ JAISWAL S/O RAMA SHANKAR JAISWAL MILON NAGAR, LOKHRA ROAD, LALGANESH GUWAHATI, KAMRUP (M), ASSAM, PIN-781034. Advocate for the Petitioner : MS S S ZIA, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 18.08.2026 Heard Ms. S.S. Zia, learned counsel for the petitioner. 2. In this petition, under Section 528 of the BNSS, 2023, the petitioner has challenged the order, dated 02.03.2024, passed by the learned Judicial Page No.# 2/3 Magistrate First Class, Kamrup(M), Guwahati, in N.I. Case No. 4576/2023, and all the subsequent orders, including the order dated 04.02.2025. 3. It is to be noted here that vide impugned order, dated 02.03.2024, the learned Judicial Magistrate First Class, Kamrup(M), Guwahati (‘trial Court’, for short) had issued Non-Bailable Warrant of Arrest (NBWA) against the petitioner, and vide impugned order dated 04.02.2025, besides issuing NBWA, also issued proclamation against the petitioner. 4. Ms. Zia, learned counsel for the petitioner, submits that on account of change of the address of the petitioner as he left his earlier rented house, notice was not served upon him, and therefore, he could not appear before the learned trial Court on 02.03.2024, and also on the subsequent dates. She also submits that the petitioner is ready to face the trial and he will appear before the learned trial Court on each and every date, and therefore, she has contended to set aside and quash the impugned order, dated 02.03.2024, and all the subsequent orders, including the order dated 04.02.2025, by which NBWA and proclamation was issued against the petitioner. 5. Having heard the submission of Ms. Zia, learned counsel for the petitioner, this Court has carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 02.03.2024, and all the subsequent orders, including the order dated 04.02.2025, by which NBWA and proclamation was issued against the petitioner. 6. Taking note of the submission of Ms. Zia, learned counsel for the petitioner, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the petitioner to appear before the learned trial Court on or before 10.09.2026, and to apply for regular Page No.# 3/3 bail, and in the event of filing such an application, the learned trial Court shall consider the same in accordance with law. Till then, the NBWA and proclamation issued against the petitioner shall be kept in abeyance. 7. In terms of above, this petition stands disposed of at this motion stage itself. JUDGE Comparing Assistant