Page No.# 1/3 GAHC010049692026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./354/2026 SRI MOHAN DOLEY ALIAS MON GOGOI DOLEY AND ANR S/O LT. TIKIRAI DOLEY R/O RANGA PATHAR, P.S. LALUK DIST. LAKHIMPUR. 2: TARIN PAYENG @ LAKHI KANTA PAYENG S/O LT. PURNASING PAYENG R/O RANGA PATHAR NIZILALUK P.S. LALUK DIST. LAKHIMPU VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:JOYSHREE CHUNGKRANG D/O SRI BUDURAM CHUNGKRANG R/O GHAGARMUKH TINSUKIA P.S. BOGINADI DIST. LAKHIMPU Advocate for the Petitioner : MR J PAYENG, A MAHARSHI,MS. SUSMITA DOLEY,MS A PAYENG Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 13.03.2026 Heard Mr. J Payeng, learned counsel appearing for the petitioners. Also heard Mr. K K Porasor, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, 2023 the petitioners, namely, (1) Mohan Doley @ Mon Gogoi Doley and (2) Tarin Payeng @ Lakhi Kanta Payeng, have challenged the orders dated 02.07.2019 and 03.01.2020 along with subsequent orders passed by the learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur issuing NBWA against the petitioners. The Trial Court has issued NBWA against the petitioners for procuring their attendance. The petitioners have shown cause on their failure to attend earlier. I have considered the submissions made by the learned counsel for both sides. In the light of the materials available in the record, this Court is of the opinion that, at this stage, the petitioners should be given an opportunity to contest the trial as they are interested in facing the same. Therefore, the prayer of the petitioners is allowed. Hence, the orders dated 02.07.2019 and 03.01.2020 along with subsequent orders passed by the learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur issuing NBWA against the petitioners are set aside and quashed. The petitioners Mohan Doley @ Mon Gogoi Doley and Tarin Payeng @ Lakhi Kanta Payeng are directed to appear before the learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur in connection with GR Case No. 2551/2017 within 10 (ten) days from today. On their appearance, the learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur shall allow the petitioners to go on bail of Rs.25,000/- each with one surety of like amount to the satisfaction of the learned Trial Court. The petitioners are directed to appear before the learned Trial Court on each and every date of hearing and if they fail to do so, the Trial Court shall have the liberty to take steps for procuring their attendance in accordance with law. Page No.# 3/3 With the above, the criminal petition is disposed of. JUDGE Comparing Assistant