AB 3085/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY This is an application under section 438 of the CrPC in GR Case No.538/03 regist ered under section 279/338 of the IPC which is pending in the Court of learned J udicial Magistrate, 1st Class, Rangia. The case arise out of the Kamalpur PS Cas e No.126/2003. 2. Mr. K D Chetri, learned counsel submits that due to some communication g ap with his counsel, the petitioner who is a charge sheeted accused was absent w ithout steps in the learned Court and accordingly Non-bailable Warrant of Arrest (NBWA) was ordered against him. However he submits that the petitioner’s diffic ulties are now over and he wants to appear in the Court and defend the charges. 3. Mr. BB Gogoi, the learned Addl. P.P. submits that the petitioner should have filed a Revision Petition against the order of the learned Court and this a pplication under Section 438 of the CrPC should not be entertained. 4. Considering the submissions made, I am disinclined to entertain this app lication under Section 438 of the CrPC. However as the next date of the GR Case No.538/03 is fixed on 30.9.2011, the petitioner is permitted to present himself before the Court on or before the next date. Subject to his appearance by the st ipulated date i.e. 30.9.2011, the NBWA ordered against him should not be execute d until 30.9.2011. 5. Case is disposed of with the above order.