Page No.# 1/3 GAHC010138292026 2026:GAU-AS:9508 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./976/2026 ABHISHEK BHATTACHARJEE S/O- SRI AMAR BHATTACHARJEE, R/O - NEPAL TILLA, KUMARGHAT, DIST. UNAKOTI, TRIPURA. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MAMPI CHAKRABORTY DAUGHTER OF - SHRI ANANTA CHAKRABORTY PADAMPUR P.S. - DHARMANAGAR DISTRICT - NORTH TRIPURA PRESENT ADDRESS - PATHARKANDI P.S. PATHARKANDI DISTRICT - KARIMGANJ ASSA Advocate for the Petitioner : MR. T BHARALI, MS A ROY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.07.2026 Heard Ms. A. Roy, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Abhishek Bhattacharjee, has filed this application under Section 528 BNSS, 2023, with prayer for setting aside the order dated 20.07.2023 and the subsequent orders, thereby enabling the petitioner to appear before the trial court and face the trial. 3. The petitioner is appearing in connection with Sessions Case No.10/2020 u/s 306 IPC. It is submitted that on 20.07.2023, the engaged counsel for the petitioner had filed a petition but the order dated 20.07.2023 passed in Sessions Case No.10/2020 clearly reflects that the engaged counsel was found to be absent. The witness, who was present, was examined and the cross-examination was declined. Thereafter, on 01.12.2023, the petitioner had filed his attendance but on call, he was found to be absent, as reflected in the order dated 01.12.2023, annexed as Annexure-3 of the petition. Thereafter, the petitioner was unable to communicate with his engaged counsel. The petitioner is a resident of Tripura and was unable to communicate with his Advocate. Finally, the petitioner engaged another Advocate to defend him. The petitioner is willing to cooperate with the trial. Through his newly engaged counsel, the petitioner came to know that NBWA and P&A had been issued against him. 4. I have considered the submissions at the Bar with circumspection. Page No.# 3/3 5. This case is pending for evidence. I have taken a pragmatic view. As the case is pending for evidence, it is not necessary to procrastinate the case any further. Since the petitioner is willing to cooperate with the trial, the NBWA and proclamation issued against him vide order dated 15.11.2025 is kept in abeyance for 15 (fifteen) days. Within this 15 (fifteen) days, the petitioner is directed to appear before the trial court and cooperate with the trial. 6. Accordingly, this criminal petition stands disposed of. JUDGE Comparing Assistant