Gauhati High Court
Crl.Pet./1148/2026 of KRISHNA KANTA ROY Vs THE STATE OF ASSAM on 17 August 2026
GAHC010171192026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1148/2026 KRISHNA KANTA ROY S/O KISHORE KUMAR ROY, R/O CHANNIGHAT (HAWAITHANG), P.S.- DHOLAI, P.O.- CHANNIGHAT, PIN NO.- 788120, DISTRICT CACHAR (ASSAM) VERSUS THE
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GAHC010171192026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1148/2026
KRISHNA KANTA ROY
S/O KISHORE KUMAR ROY, R/O CHANNIGHAT (HAWAITHANG), P.S.- DHOLAI, P.O.- CHANNIGHAT, PIN NO.- 788120, DISTRICT CACHAR (ASSAM)
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PUBLIC PROSECUTOR
Advocate for the Petitioner : MD A RAHMAN, MR. M RAHMAN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
18.08.2026
Heard Mr. A. Rahman, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State, being respondent No. 1.
2. In this petition, under Section 528 of the BNSS, the petitioner has prayed for quashing and setting aside the order dated 08.05.2026 and all subsequent orders passed by the learned Additional Chief Judicial Magistrate, Cachar at Silchar (trial court hereinafter), in NI(CR) Case No. 289/2024.
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3. It is to be noted here that vide impugned order dated 08.05.2026 and all subsequent orders, the learned trial court had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) against the petitioner herein for default.
4. Mr. Rahman, learned counsel for the petitioner, submits that on account of illness of the mother of the petitioner, he could not appear before the learned trial court. However, he has instructed his counsel to file an application before the learned trial court, but the learned trial court, vide impugned order dated 08.05.2026, had dismissed the said application and thereafter, issued the NBWA against him.
5. Mr. Borthakur, learned Additional Public Prosecutor, submits that the accused may be directed to appear before the learned trial court.
6. Taking note of the submissions of learned counsel for both the parties and also considering the ground, so assigned by the learned counsel for the petitioner, for failing to appear before the learned trial court by the petitioner herein, on 08.05.2026, this Court is inclined to dispose of this petition by directing the petitioner to appear before the learned trial court on or before 10.09.2026 and to file an application for allowing him to remain on previous bail or to grant fresh bail.
7. In the event of filing such an application, the learned trial court shall consider the same in accordance with law.
8. Till then, the NBWA, issued against the present petitioner, vide impugned order dated 08.05.2026 and by all subsequent orders, shall be kept in abeyance.
JUDGE Comparing Assistant