Page No.# 1/4 GAHC010200032025 2025:GAU-AS:11982 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1093/2025 NUR ABDIN ALIAS ABDIN AND 2 ORS. S/O AMZAD ALI R/O VILL- CHAR KUKURMARA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 2: ANOWAR HUSSAIN S/O JOYNUDDIN R/O VILL- CHAR KUKURMARA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131 3: NUR HADI S/O AMZAD ALI R/O VILL- CHAR KUKURMARA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 04.09.2025. Heard Mr. A.Z. Ahmed, learned counsel for the petitioners. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam appearing for the State respondent. This is an application under Section 528 of the BNSS, 2023 praying for setting aside and quashing the impugned order dated 09.07.2025, passed by the learned Sessions Judge, South Salmara-Mankachar in Sessions Case No.35/2024 (arising out of Mankachar P.S. Case No.35/2023), whereby the NBWA was issued against the present petitioners. During the course of deliberation, it is submitted by Mr. Ahmed, learned counsel that all the petitioners were regularly appearing before the learned Trial Court below and in some occasions, they were also represented by their engaged counsel. However, the accused petitioner No.1, namely, Nur Abdin @ Abdin could not appear in one occasion as he was arrested and was in custody in Tura Jail in connection with other case. But the accused petitioner Nos. 2 & 3 were duly represented by their engaged counsel. On the last occasion i.e. on 09.07.2025 also, a petition was filed for the present three petitioners, citing ground for their absence. But without considering their ground, the learned Trial Court had issued the NBWA against them, even without issuing the bailable warrant of arrest. However, the all the petitioners are now ready and willing to Page No.# 3/4 appear before the learned Trial Court below and contest the case regularly, if they are provided with some interim protection. Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State respondent submitted in this regard that from the record it is seen that the petitioners remained absent and they were represented through their engaged counsel on several occasions and on 03.05.2025, an order was passed whereby the petition was allowed for the last time with an observation that no such petition will be considered on the next date. In view of the order dated 03.05.2025 only, the petition filed on behalf of the petitioners was not considered and the NBWA were issued against all the present accused petitioners. Thus she submitted that no illegality or irregularity has been committed by the learned Sessions Judge, while issuing the NBWA against the present petitioners. However, she submitted that a chance be given to the present petitioners to appear before the learned Trial Court below with an appropriate application for bail, which may be considered in accordance with law. Hearing the submissions made by the learned counsel for the parties and also considering the fact that the petitioners though remained absent, they were duly represented by their engaged counsel. That apart, it is also seen that the petitioner No.1 could not remain present before the Court physically, as he was arrested in connection with other case and was detained in Tura Jail. However, I do not find any illegality in the order dated 09.07.2025, passed by the learned Sessions Judge, South Salmara-Mankachar in Sessions Case No.35/2024. Accordingly, for quick disposal of this case and other aspects of the case, one chance may be given to all the petitioners to appear before the learned Sessions Page No.# 4/4 Judge, with an appropriate application for regular bail, which may be considered in accordance with law. However, the NBWA issued against all the petitioners be kept in abeyance, till next date of listing i.e. on 23.09.2025. With the above observation, this petition stands disposed of. JUDGE Comparing Assistant