Sri Mukul Baruah Alias Mukul Ch Boruah Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Sri Mukul Baruah Alias Mukul Ch Boruah Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; all Orders directing issue of NBWA and P&A against the petitioner set aside; petitioner directed to appear before the learned Chief Judicial Magistrate, Dibrugarh in PRC Case No.14/2022 within 7 (seven) days and, on appearance, to be released on bail of Rs.25,000/- with a surety of like amount; petitioner to appear regularly on each and every date of hearing, failing which (without sufficient cause) the Trial Court may procure his attendance by due process of law; Criminal Petition disposed of with these directions.

Issue for consideration

Whether the Orders directing issue of NBWA and P&A against the petitioner, issued by the learned Chief Judicial Magistrate, Dibrugarh in PRC Case No.14/2022, should be set aside. +1 more

Court's answer

All Orders directing issue of NBWA as well as P&A against the petitioner Mukul Baruah @ Bukul Ch. Boruah are set aside.

Ratio / Principle

Since the petitioner is interested in facing the trial, he should be given an adequate opportunity to that effect; accordingly, his application is allowed.

Key takeaways

The petitioner is directed to appear before the learned Chief Judicial Magistrate, Dibrugarh in PRC Case No.14/2022 within 7 (seven) days, and on his appearance he shall be released on bail of Rs.25,000/- with a surety of like amount.ratio¶23
The petitioner shall regularly appear before the Court on each and every date of hearing; if he fails to do so without showing sufficient cause, the Trial Court shall have the liberty to procure his attendance by due process of law.ratio¶24

Detailed headnote1 paragraphs

Criminal Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — NBWA and P&A orders — Petitioner, who had been suffering from coronary artery disease and was taking medical treatment, submitted that he wished to appear before the Court below and contest PRC Case No.14/2022 pending before the learned Chief Judicial Magistrate, Dibrugarh — Court held that, since the petitioner was interested in facing the trial, he should be given an adequate opportunity to that effect, and allowed his application — All Orders directing issue of NBWA as well as P&A against the petitioner were set aside — Petitioner directed to appear before the learned Chief Judicial Magistrate, Dibrugarh within 7 (seven) days and, on appearance, to be released on bail of Rs.25,000/- with a surety of like amount — Petitioner to appear regularly on each and every date of hearing, failing which, without sufficient cause, the Trial Court to have liberty to procure his attendance by due process of law — Criminal Petition stands disposed of accordingly.

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GAHC010039742026

2026:GAU-AS:3303

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./286/2026

SRI MUKUL BARUAH ALIAS MUKUL CH BORUAH SON OF LATE LILADHAR BORUAH

RESIDENT OF VILL- DIHING ARAHUTI GAON, P.O. TINGRAI CHARIALI, PIN-786602, P.S. LDULIAJAN, DIST. DIBRUGARH, ASSAM VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR. A K AHMED, MR. Y ALI,MRS P P BORAH,MR. P K DAS Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

Date : 06.03.2026

1. Heard Mr. P. K. Das, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Orders directing NBWA and P&A against the present petitioner Mukul Baruah @ Bukul Ch. Boruah by the learned Chief Judicial Magistrate, Dibrugarh in respect of PRC Case No.14/2022.

3. The petitioner has submitted that he was suffering from coronary artery disease

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and was taking medical treatment.

4. The petitioner submits that he now wants to appear before the Court below and wants to contest the case and, therefore, he should be given adequate opportunity to that effect.

5. I have considered the submissions made by the learned counsel for both sides.

6. Since the petitioner is interested in facing the trial, he should be given an adequate opportunity to that effect. Therefore, his application is allowed.

7. All Orders directing issue of NBWA as well as P&A against the present petitioner Mukul Baruah @ Bukul Ch. Boruah is set aside.

8. The petitioner Mukul Baruah @ Bukul Ch. Boruah is directed to appear before the Court of the learned Chief Judicial Magistrate, Dibrugarh in respect of PRC Case No.14/2022, within a period of 7 (seven) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dibrugarh.

9. The petitioner shall regularly appear before the Court on each and every date of hearing. If he fails to do so, without showing sufficient cause, the Trial Court shall have the liberty to procure his attendance by due process of law.

10. With the aforesaid direction, this Criminal Petition stands disposed of.

JUDGE

Comparing Assistant