Page No.# 1/4 GAHC010159462025 2025:GAU-AS:9743 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./893/2025 SAFUR UDDIN AND ANR S/O. ABDUL MATALEB, R/O. VILL. KUKUWARI, P.O. AND P.S. MAYONG AND DIST. MORIGAON, ASSAM. 2: NIJAMUDDIN S/O. MAZIBUR RAHMAN R/O. VILL. KUKUWARI P.O. AND P.S. MAYONG AND DIST. MORIGAON ASSAM VERSUS THE STATE OF ASSAM REP. BY LEARNED PP, ASSAM. Advocate for the Petitioner : MR M J QUADIR, A.ISLAM,MR. A K HANNAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 29.07.2025 Heard Mr. M.J. Quadir, learned counsel for the petitioners and Mr. R.J. Baruah, learned Page No.# 2/4 Additional Public Prosecutor for the respondent, State of Assam. 2. The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred for quashing of an Order dated 21.02.2022 and all subsequent orders passed thereafter whereby Non-Bailable Warrants of Arrest [NBWA] have been issued against the petitioners in order to secure their appearance in the proceedings of G.R. Case no. 5002/2012, which arose out of Khetri Police Station Case no. 67/2012 and which is presently pending before the Court of learned Judicial Magistrate, First Class, Kamrup [M], Guwahati. 3. The First Information Report [FIR] in connection with Khetri Police Station Case no. 67/2012 was registered on 17.05.2012 for the offence under Section 379, Indian Penal Code [IPC]. In the Charge-Sheet submitted after conclusion of the investigation vide Charge-Sheet no. 78/2014 on 31.08.2014, both the petitioners were charge-sheeted. On submission of the Charge-Sheet, process was issued to the petitioners to appear in the proceedings of G.R. Case no. 5002/2012. Before the Court of learned Judicial Magistrate, First Class, Kamrup [M], Guwahati, the petitioners appeared on 06.03.2020 with a prayer to allow them to remain on previous bail. The learned Court allowed the said prayer of the petitioners to remain on previous bail with a direction not to make any default in their appearance before the court. 4. In view of onset of Covid-19 pandemic during the year 2020, the Court proceedings were adjourned and the proceeding did not made any further advancement. The petitioners as accused persons were present during the period of continuance of Covid-19 pandemic. It was on 21.02.2022, the learned Court in seisin of the proceedings of G.R. Case no. 5002/2012, finding the petitioners absent without taking any steps, issued NBWAs against them to secure their appearance in the proceedings. 5. The petitioners in this petition have averred that facing financial difficulties after the Covid-19 they had to go to Kerala for their livelihood as they are labourers by occupation. The petitioners have further averred that when they have returned from Kerala recently, they have come to know about issuance of NBWAs vide Orders, dated 21.02.2022, etc. Page No.# 3/4 6. Mr. Quadir, learned counsel for the petitioners has submitted that the petitioners are ready and willing to participate in the proceedings of G.R. Case no. 5002/2012 henceforth without any default and they would be present on each and every date of the proceedings pertaining to G.R. Case no. 5002/2012. 7. Mr. Baruah, learned Additional Public Prosecutor appearing for the respondent State has submitted that the proceedings pertaining to G.R. Case no. 5002/2012 has become protracted due to repeated failure on the part of the petitioners to appear before the learned Court of learned Judicial Magistrate, First Class, Kamrup [M], Guwahati and as a result, the trial has not begum till date. 8. The incident is of the year 2012 and as such, an expeditious conclusion of the proceedings of G.R. Case no. 5002/2012 is of utmost importance from the standpoint of all the stakeholders, be it the prosecution, the witnesses or the accused. 9. As the petitioners are giving an undertaking that they are ready and willing to participate in the proceedings of G.R. Case no. 5002/2012 and they will be present on each and every date of the proceedings without any default, this Court is of the considered view that in the interest of expeditious conclusion of the trial, an opportunity can be granted to the petitioners to appear before the trial Court within a period of 2 [two] weeks from today. Accordingly, it is ordered that the NBWAs issued against the petitioners vide Order dated 21.02.2022 and by subsequent orders shall remain suspended for a period of 2 [two] weeks from today. 10. The petitioners shall appear before the learned Judicial Magistrate, First Class, Kamrup [M], Guwahati within this period of 2 [two] weeks and in the event the petitioners submit any application for bail on their such appearance, the same shall be considered by the learned Court on its own merits and in accordance with law. It is further observed that in the event of failure on the part of the petitioners to appear before the learned Court within a period of 2 [two] weeks from today, the NBWAs issued against them shall stand revived. Page No.# 4/4 11. With the observations made and the directions given above, the criminal petition is disposed of. No cost. JUDGE Comparing Assistant