Disposed¶26

Rupjyoti Borah v. the State of Assam and Anr.

Gauhati HC17 May 2026Crl.Pet./682/2026

Case brief

AI extract

What is this about?

Rupjyoti Borah v. State of Assam & Anr., Crl.Pet./682/2026, Gauhati High Court, order dated 18.05.2026 by Parthivjyoti Saikia, J. Application under Section 528 BNSS 2023 regarding N.I.C.R. Case No.31/2024 (Addln. Chief Judicial Magistrate, Chirang, Kajalgaon). NBWA and Proclamation & Attachment issued for non-appearance were set aside; petitioner claimed non-receipt of summons/notice; directed to appear within 15 days and released on bail of Rs. 25,000/- with like surety. Petition disposed of.

What did the court decide?

All orders issuing NBWA and Proclamation & Attachment against the petitioner in N.I.C.R. Case No.31/2024 set aside; petitioner directed to appear before the trial court within 15 days and, on appearance, to be released on bail of Rs. 25,000/- with a surety of like amount. ¶26

Rupjyoti Borah Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the NBWA and Proclamation & Attachment orders issued against the petitioner for non-appearance in N.I.C.R. Case No.31/2024 should be set aside so that he may be given adequate opportunity to face the trial.

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Court's answer

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

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Ratio / Principle

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 Addln. Chief Judicial Magistrate, Chirang, Kajalgaon are set aside.

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Key takeaways

The petitioner Rupjyoti Borah is directed to appear before the trial court within the next 15 days.ratio¶25
On his appearance, the petitioner Rupjyoti Borah shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the Addln. Chief Judicial Magistrate, Chirang, Kajalgaon.ratio¶25

Detailed headnote1 paragraphs

Criminal Petition (Crl.Pet./682/2026) under Section 528 of the BNSS, 2023 concerning N.I.C.R. Case No.31/2024 pending before the Addln. Chief Judicial Magistrate, Chirang, Kajalgaon. For the petitioner's non-appearance, the trial court had issued NBWA and Proclamation & Attachment against him. The petitioner stated he never received any summons or notice and that he was willing to face the trial. Holding that a petitioner interested in facing the trial deserves adequate opportunity, the Court set aside all orders issuing NBWA and Proclamation & Attachment against Rupjyoti Borah, directed him to appear before the trial court within 15 days, and directed that on appearance he be released on bail of Rs. 25,000/- with a surety of like amount. The Criminal Petition stood disposed of.

Page No.# 1/2

GAHC010093972026

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

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Case No. : Crl.Pet./682/2026

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RUPJYOTI BORAH

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SON OF SRI HAREN BORAH R/O MALOWALI MONAIMAJI, P.O. DHEKORGORAH, P.S. JORHAT, IN THE DISTRICT OF JORHAT, ASSAM, PIN-785015.

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PRESENTLY RESIDING AT HOUSE NO. B-5, SIX MILE, VIP ROAD, ROYAL HUT APARTMENT, P.S. DISPUR, GUWAHATI-781022, DIST. KAMRUP (M), ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM.

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2:SRI SUNILAL BASUMATARY S/O LT. SAILEN BASUMATARY R/O VILL- GOYBARI P.O. KHAGRABARI PS. KAJALGAON DIST. CHIRANG BTR ASSA

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Advocate for the Petitioner : MR P KATAKI, U BARUAH,MS N KASHYAP,MRS R BEGUM

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 18.05.2026

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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.

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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 .

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For non-appearance of the petitioner of the petitioner before the trial court, the trial court issued NBWA and Proclamation & Attachment against the petitioner.

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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.

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

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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.

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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

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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 .

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

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JUDGE

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Comparing Assistant

Rupjyoti Borah v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Rupjyoti Borah v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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