Page No.# 1/2 GAHC010093972026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./682/2026 RUPJYOTI BORAH SON OF SRI HAREN BORAH R/O MALOWALI MONAIMAJI, P.O. DHEKORGORAH, P.S. JORHAT, IN THE DISTRICT OF JORHAT, ASSAM, PIN-785015. PRESENTLY RESIDING AT HOUSE NO. B-5, SIX MILE, VIP ROAD, ROYAL HUT APARTMENT, P.S. DISPUR, GUWAHATI-781022, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SRI SUNILAL BASUMATARY S/O LT. SAILEN BASUMATARY R/O VILL- GOYBARI P.O. KHAGRABARI PS. KAJALGAON DIST. CHIRANG BTR ASSA Advocate for the Petitioner : MR P KATAKI, U BARUAH,MS N KASHYAP,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.05.2026 Heard the learned Senior Counsel Mr. P Kataki assisted by Ms. A Lala, appearing for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of N.I.C.R. Case No.31/2024 pending in the court of the learned Addln. Chief Judicial Magistrate, Chirang, Kajalgaon . 3. For non-appearance of the petitioner of the petitioner before the trial court, the trial court issued NBWA and Proclamation & Attachment against the petitioner. 4. The petitioner states that he never received any summons or notice from the trial court. The petitioner further states that he is interested in facing the trial and therefore, he prays that he may be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that the since the petitioner is interested in facing the trial he deserves to be given adequate opportunities to that effect. Therefore, his application is allowed. 7. It is hereby directed that all orders directing issue of NBWA and Proclamation & Attachment against the petitioner Rupjyoti Borah in N.I.C.R. Case No.31/2024 passed by the learned Addln. Chief Judicial Magistrate, Chirang, Kajalgaon are set aside 8. It is further directed that the petitioner, namely petitioner Rupjyoti Borah is directed to appear before the trial court within next 15 days fr4om today. On his appearance, the petitioner Rupjyoti Borah shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of the Addln. Chief Judicial Magistrate, Chirang, Kajalgaon. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant