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

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

What the court decided

AI extract

Outcome

The NBWA and proclamation issued vide order dated 15.11.2025 were kept in abeyance for 15 (fifteen) days, within which the petitioner was directed to appear before the trial court and cooperate with the trial; the criminal petition was accordingly disposed of (the prayer for outright setting aside of the orders was not granted as such).

Issue for consideration

Whether the order dated 20.07.2023 and the subsequent orders (including the NBWA and proclamation issued against the petitioner) ought to be interfered with so as to enable the petitioner to appear before the trial court and face the trial in Sessions Case No.10/2020 (u/s 306 IPC).

Court's answer

Taking a pragmatic view, as the case is pending for evidence and the petitioner is willing to cooperate with the trial, the NBWA and proclamation issued against him vide order dated 15.11.2025 are kept in abeyance for 15 (fifteen) days.

Ratio / Principle

Within the said 15 (fifteen) days, the petitioner is directed to appear before the trial court and cooperate with the trial.

Detailed headnote1 paragraphs

Gauhati High Court (Susmita Phukan Khaund, J.) — Crl.Pet./976/2026, decided 13.07.2026. The petitioner, an accused in Sessions Case No.10/2020 u/s 306 IPC and a resident of Tripura, had been proceeded against after his engaged counsel was recorded absent on 20.07.2023 (the witness present being examined and cross-examination declined) and after he was again found absent on call on 01.12.2023; NBWA and P&A (proclamation) had been issued against him vide order dated 15.11.2025, which he learnt of only through his newly engaged advocate. He moved this Court under Section 528 BNSS, 2023 for setting aside the order dated 20.07.2023 and subsequent orders so as to enable him to appear before the trial court and face the trial. Held, taking a pragmatic view since the case was pending for evidence and the petitioner expressed willingness to cooperate with the trial, the NBWA and proclamation were kept in abeyance for 15 (fifteen) days, within which period the petitioner was directed to appear before the trial court and cooperate with the trial. The criminal petition stood disposed of accordingly.

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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,

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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.

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.

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.

I have considered the submissions at the Bar with circumspection.

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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.

Accordingly, this criminal petition stands disposed of.

JUDGE

Comparing Assistant