Page No.# 1/3 GAHC010186482026 2026:GAU-AS:12701 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1215/2026 PRAMOD KUMAR GUPTA S/O LATE JAYNARAYAN PRASAD, R/O VILL JANAR, PO KUAHI, PS AURAI, MUZAFFARPUR, 843116, BIHAR VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:INDIRA ARANDHARA D/O SRI DIMBESWAR ARANDHARA R/O KATHBASTI PO AND PS KAKOPATHER DIST TINSUKIA ASSAM Advocate for the Petitioner : MR. M MORE, MR. N D SARMA,MR. S NAG Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 02.09.2026 Heard Mr S Nag, learned counsel for the petitioner and Mr K Baishya, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 528 of the BNSS, 2023, read with Sections 438 Page No.# 2/3 and 442 of the BNSS, 2023, the petitioner has prayed for setting aside and quashing of the order dated 03.12.2024, passed by the learned JMFC, Tinsukia, in NI Case No. 165 of 2023, by which non-bailable warrant of arrest was issued against the petitioner. The petitioner has also challenged the order dated 10.09.2025, passed by the said Court in respect of the same case, by which Proclamation and Attachment was declared against the petitioner. The petitioner has also challenged the subsequent orders passed in the said case. 3. The learned counsel for the petitioner submits that the petitioner had not received any summons issued by the erstwhile Court of SDJM (S), Tinsukia, and he had no knowledge about the said case. He submits that since he did know about the case and he was much later apprised about the bailable warrant of arrest he could not appear before the Court and Non-Bailable Warrant of Arrest was issued to him on 03.12.2024. He further submits that in the subsequent orders, it reflected that NBWA issued against the petitioner was neither executed nor returned, since the petitioner had no knowledge about the same. He submits that the bailable warrant of arrest that was stated above was received by him in the month of August, 2026, He, as such, submits that since now the petitioner knows about the case, he will go and appear before the Court without any failure. 4. As such, the petitioner is directed to appear before the Judicial Magistrate First Class, Tinsukia, (Sadar), within a period of 20 days from today, and should appear Page No.# 3/3 before the Trial Court as and when called for without any fail and till the petitioner appears before the Court within the stipulated time, the orders issuing NBWA as well as Proclamation and Attachment be kept in abeyance. However, if the petitioner fails to appear within the stipulated time, the orders issuing NBWA as well as the Proclamation and Attachment, would get revived. 5. Petition is disposed of. JUDGE Comparing Assistant