Crl.Pet. 3/2011 BEFORE THE HON’BLE MR. K. MERUNO Heard Mr. NN B Choudhury, learned counsel for the petitioner and also Mr. B.S. S inha, learned Addl. PP appearing on behalf of the State. By this application, the petitioner is praying for quashing and setting aside an order dated 6.4.2010 and subsequent orders whereby non-bailable warrant of arrest was issued against the petitioner by the Chief Judicial Magistrate, G oalpara in GR Case No.1237 of 2005 corresponding to Dudhnoi P.S. Case No.212 of 2005. I have heard the learned counsel for the parties and also perused the or der dated 6.4.2010 and the subsequent orders. It appears that the petitioner has not responded to the summon issued by the Court below. However, the learned cou nsel for the petitioner submits that no summon was issued prior to the issuance of the non-bailable warrant of arrest dated 6.4.2010. The learned Addl. PP in hi s usual frankness has submitted that this criminal petition may be disposed of w ith the undertaking and assurance that the petitioner shall appear before the Co urt below on a date fixed by the Court. Considering the submissions of the learned Addl. PP and the undertaking and assurance given by the learned counsel for the petitioner that the petitione r shall appear before the Court on a date fixed by the Court, this Court is of t he considered opinion that this application under sections 482/397/401 of the C r.PC can be disposed of with the following direction: The petitioner shall make himself available before the Court of the Chief Judici al Magistrate, Goalpara on 17.01.2011. With the above condition and assurance undertaken by the learned counsel for the petitioner, the warrant of arrest order dated 6.4.2010 and subsequent o rders are hereby recalled and this petition stands disposed of.