Page No.# 1/2 GAHC010052182026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./394/2026 NILOTPAL CHOUDHURY SON OF LATE SUNANDA KR. CHOUDHURY, RESIDENT OF HARLI BAGAN C/O MS. MANJU LAPANG NEAR BEETHANI PHE, BARNIHAT, MEGHALAYA. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N NATH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.03.2026 Heard Mr. N Nath, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 29.09.2016 passed by the learned Judicial Magistrate 1st Class, Page No.# 2/2 Guwahati in Complaint Case No.CR/473/2015. 3. The petitioner Nilotpal Choudhury has defaulted in appearance before the Trial Court. Therefore, the Court below issued Non-Bailable Warrant of Arrest as well as P/A and after that, the petitioner was proclaimed as an absconder. 4. Mr. Nath submits that the petitioner wants to contest the case and therefore, he should be given adequate opportunities to that effect. 5. I have considered the submissions made by Mr. Rahman. 6. Since the petitioner is interested in facing the trial, therefore he deserves to be given adequate opportunities to that effect. 7. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest as well as P/A are set aside. 8. The order dated 29.09.2016 passed by the learned Judicial Magistrate 1st Class, Guwahati in Complaint Case No.CR/473/2015 is also set aside. 9. The petitioner Nilotpal Choudhury is directed to appear before the Trial Court in respect of Complaint Case No.CR/473/2015 within next 30 days. On his appearance, he shall be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Guwahati. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant