Page No.# 1/3 GAHC010186202026 2026:GAU-AS:12686 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1210/2026 SHRI GAGAN KALITA S/O LATE SUREN KALITA, R/O WARD NO. 5, MANGALDOI, P.O. P.S. MANGALDOI, DISTRICT DARRANG, ASSAM, PIN-781325. VERSUS SHRI BINAY KALITA AND ANR S/O LATE MAHADEV KALITA, R/O VILLAGE BAR SADERI, P.O. BHOTANTA SADERI, P.S. PATACHARKUCHI, DISTRICT BARPETA, ASSAM, PIN-781325. 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSA Advocate for the Petitioner : MR. P BORDOLOI, MR. R K MAHANTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 02.09.2026 Heard Mr. P. Bordoloi, the learned counsel for the petitioner and Mr. D. P. Goswami, the learned Addl. Public Prosecutor for the State representing Respondent No. 2. Page No.# 2/3 2. By this application filed under Section 528 of BNSC, 2023, the petitioner has challenged the order dated 18.02.2026 and the subsequent orders passed by the learned Sub-Divisional Judicial Magistrate (M), Bajali, Pathsala, by which non-bailable warrant of arrest was issued against the petitioner in N.I. Case No.29/2019. The learned counsel for the petitioner submits that the petitioner had filed an application for transfer of the N.I. case from the court of learned Sub-Divisional Judicial Magistrate (M) before the learned Chief Judicial Magistrate, Bajali, Pathsala. 3. The learned Chief Judicial Magistrate, by order dated 09.02.2026 had dismissed the said application. Thereafter, the petitioner had filed another application being Petition No. 426/2026, praying inter alia that he will file a revision against the order dated 09.11.2025 as well as the order dated 09.02.2026. 4. The learned court of Sub-Divisional Judicial Magistrate (M), Bajali, Pathsala by order dated 18.02.2026, had dismissed the said application on the ground that the petitioner was lingering his case. The said court had also issued warrant of arrest against the petitioner by the same order. The learned counsel further submits that, subsequently, 19.03.2026, the Court of SDJM (M), Bajali Pathsala had again issued warrant of arrest against the petitioner. However, the learned counsel for the petitioner submits that although, warrant of arrest is issued against the petitioner by the said court of SDJM (M), Bajali, Pathsala but it was not specified as to whether the same is non-bailable warrant of arrest or bailable warrant of arrest. 5. Mr. D. P. Goswami, the learned Addl. Public Prosecutor however, submits Page No.# 3/3 that the instant case is not maintainable as only warrant of arrest has been issued against the petitioner. 6. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that, the specification as to whether, non-bailable warrant of arrest or bailable warrant of arrest is not mentioned by the Trial Court, this court deems it fit to direct the petitioner to appear before the Court of SDJM (M), Bajali, Pathsala, within a period of 10 (Ten) days from the date of the order. It is also directed that the petitioner to appear before the said court on the subsequent date, i.e. 28.09.2026, without fail. Till the petitioner appears before the Trial Court within the time stipulated, the warrant of arrest issued against the petitioner be kept in abeyance. However, if the petitioner does not appear before the court on the said date, the order issuing warrant of arrest by the learned court of SDJM, (M), will revive. 7. The Criminal Petition stands disposed of. JUDGE Comparing Assistant