Page No.# 1/3 GAHC010132112025 2025:GAU-AS:8117 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./220/2025 HIMANGSHU DAS AND ANR. S/O LT. RAJANNI KT. DAS A PERMANENT RESIDENT OF COLLEGE ROAD, SUALKUCHI KAMRUP, ASSAM, PIN-781103. 2: PRITHWISH ROY CHOUDHURY S/O PROMOD RANJAN CHOUDHURY A PERMANENT RESIDENT OF DIBRUGARH WEST DIBRUGARH ASSAM PIN-786001 VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : ASHRAFUL BORBHUYAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 18-06-2025 Page No.# 2/3 Heard Mr. T. Laskar, the learned counsel appearing on behalf of Mr. A. Borbhuyan, the learned counsel for the petitioners. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of State Respondent. 2. This is an application u/s 438 & 442 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, against the impugned order dated 06.06.2025, whereby NBWA were issued to the present petitioners. 3. It is submitted by Mr. Laskar that the accused/petitioners were regularly appearing before the learned Trial Court below and vide order dated 13.07.2023 their prayer for representation u/s 205 Cr.PC was also allowed by the learned Trial Court below and accordingly both the petitioners were under the representation of their engaged counsel. However on 06.06.2025, the petitioners as well as the learned engaged counsel could not appear and they remained unrepresented, for which NBWA were issued against both the petitioners. 4. Mr. Laskar further submitted that the petitioners are regularly appearing before the learned Trial Court below and the case was also at the stage of evidence wherein 10 nos. of PWs had already been examined by the prosecution. Both the petitioners also ready and willing to appear before the learned Trial Court below and to contest the case, if they are protected with some interim relief. 5. Mr. Goswami the learned Additional Public Prosecutor submitted in this regard that from the Order Sheet annexed along with the petition it reveals that the petitioners were regularly appearing before the learned Trial Court below and they were represented by the learned engaged counsel and considering the Page No.# 3/3 conduct of the accused/petitioners the prayer may be considered accordingly. 6. In view of submissions made by learned counsel for both sides and also on perusal of the record, especially the Order Sheet filed by the petitioners, I am of the view that one more chance be given to the petitioners to appear before the learned Trial Court below. Accordingly, the NBWA issued against the petitioners is hereby suspended with a direction to the petitioners to appear before the learned Trial Court on or before the next date of listing with an application for bail which may be considered in accordance with law. 7. With the above observations, this criminal revision petition stands disposed of. JUDGE Comparing Assistant