Page No.# 1/2 GAHC010127112025 2025:GAU-AS:7725 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./672/2025 RAHIM ALI SHEIKH @ RAHIM ALI S/O- BAYJUDDIN ALI SHEIKH. R/O- VILL.- KANDANAPARA, NO.1 , BHODIGURI, P.S.- KACHUGAON. DIST.- KOKRAJHAR, ASSAM, PIN-783360 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, R BEGUM,MS A HUSSAIN,H G DAISY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 12.06.2025 1. Heard learned counsel Mr. J Ahmed for the petitioner Rahim Ali Sheikh @ Rahim Ali who has filed this application under Section 528 of the BNSS, 2023 with a prayer for setting-aside and quashing the order dated 26.09.2024 issuing NBWA against the petitioner as well as subsequent orders, up to the order dated 15.05.2025 Page No.# 2/2 issuing P&A against the petitioner in connection with PRC Case No. 19/2023 arising out of Sivasagar PS Case No. 26/2022 under Section 353/379/279 of IPC and read with Section 13 of the Assam Cattle Preservation Act. This case is pending before the Ld. JMFC No. 1, Sivasagar. 2. Heard Mr. B Sarma, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the petitioner that the petitioner was not at all aware of the pendency of the case as no summons have ever been served to him. Thereafter, NBWA has been issued against him and finally P&A has been issued against him and the case is fixed for report on P&A on 17.06.2025. 4. The copies of the orders of Ld. JMFC No. 1, Sivasagar has been appended along with the petition. The first P&A was issued vide order dated 12.12.2024. The case was fixed for report on P&A on several dates and on 15.05.2025, fresh P&A was again issued against the present petitioner. The petitioner is willing to co-operate with the trial. 5. I have considered the submissions at the bar with circumspection. I have also taken a pragmatic view as the petitioner is willing to co-operate with the trial. The petitioner is, hereby, directed to appear before the Ld. Trial Court within 10(ten) days and co-operate with the trial. Meanwhile, NBWA and P&A issued against him is kept in abeyance for 10(ten) days. 6. In terms of the above observation, the petition stands disposed of. JUDGE Comparing Assistant