Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:5949
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./588/2026 UTPAL TALUKDAR S/O LATE GIRISH TALUKDAR, R/O VILL. KLALIHAGRI, TIHU TOWN, WARD NO 6, P.O. AND P.S TIHU, PIN 781371, DIST. NALBARI. VERSUS SUBHAS THAKURIA AND ANR S/O LATE BHABEN THAKURIA, R/O TIHU TOWN, WARD NO 3, P.O. TIHU, P.S. TIHU, PIN 781371, DIST. NALBARI, ASSAM.
2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. R BORAH, MR. R PHUKAN,MR. P TALUKDAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 29-04-2026 Heard learned counsel Mr. R. Borah for the petitioner Utpal Talukdar, who is facing the trial in connection with NI Case No. 06/2025 pending before Court of Judicial Magistrate 1st Class, Tihu, Nalbari.
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2. It is submitted that vide order 29.01.2026 passed in N.I. Case No. 06/2025 by the learned Judicial Magistrate 1st Class (JMFC for short), Tihu, bailable warrant was issued.
3. Seen Annexure-2 series.
4. The order dated 29.01.2026 clearly reflects the first order for issuance of bailable warrant against the petitioner. Thereafter, the petitioner appeared before the Trial Court on 05.03.2026, and the bailable warrant was recalled. On 02.04.2026 the petitioner was absent without steps and an order was passed by the learned JMFC, Tihu, issuing NBWA against the petitioner.
5. Heard learned Additional Public Prosecutor Mr. B. Sarma for the respondent State.
6. I have considered the submissions that the petitioner is willing to cooperate with the trial. The petitioner has defaulted appearance only on
02.04.2026. This Court has taken a pragmatic view. Thereby, the NBWA issued against the petitioner vide order dated 02.04.2026 is kept in abeyance for 15 (Fifteen) days and within 15 (Fifteen) days, the petitioner is directed to appear before the learned Trial Court and cooperate with the trial.
7. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant