Page No.# 1/3 GAHC010221042025 2025:GAU-AS:13664 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1232/2025 MD TAHER ALI S/O SONA MIA PERMANENT RESIDENT OF VILLAGE KANDAPARA, PO KADANG, PS BAGHBAR, DISTRICT BARPETA, ASSAM, PRESENTLY RESIDING AT DHIRENPARA, RAGUNATH PATH, BYE LANE BANUR ALI PATH, GUWAHATI 25, PO AND PS FATASIL AMBARI, DISTRICT KAMRUP M, ASSAM, PIN- 781025 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ABIDA BEGUM W/O MD. TAHER ALI PERMANENT RESIDENT OF VILLAGE SATRAKANARA NO 9 SITE PO MANDIA PS BAGHBAR DISTRICT BARPETA ASSAM PRESENTLY RESIDING AT DHIRENPARA RAGUNATH PATH BYE LANE BANUR ALI PATH PO AND PS FATASIL AMBARI GUWAHATI- 781025 DISTRICT KAMRUP (M) ASSA Advocate for the Petitioner : MR A H AHMED, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date :13.10.2025 1. Heard Mr. A.H Ahmed, learned counsel for the petitioner. Also heard Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam. 2. By this instant application filed under Section 528 of the BNSS, 2023 R/W Article 227 of the Constitution of India the petitioner has sought for quashing of the Non-Bailable Warrant of Arrest (NBWA) and P&A issued in connection with Sessions Case No. 950/2019. 3. Mr. A.H Ahmed, learned counsel for the petitioner submits that pursuant to the filing of the charge-sheet on 31.01.2014, summons were issued to the petitioner and on receiving summons, he appeared before the Ld. Trial Court. But during the lockdown period, the petitioner could not appear before the Ld. Trial Court and that the engaged counsel also did not take steps on behalf of the petitioner and there was miscommunication between the petitioner and the engaged counsel and that on 09.03.2022, the Ld. Trial Court issued Non-Bailable Warrant of Arrest (NBWA) against the petitioner. Thereafter, on 05.11.2022 again Non-Bailable Warrant of Arrest (NBWA) was issued against the petitioner and also P&A was issued against the petitioner. He further submits that on 19.09.2025, P&A along with fresh Non-Bailable Warrant of Arrest (NBWA) was issued against the petitioner. However, Mr. A.H Ahmed, learned counsel for the petitioner submits that the petitioner did not appear before the Ld. Trial Court due to the fact that the he did not know about the dates as he was not informed by the engaged counsel and that he would appear before the Ld. Trial Court without fail. Page No.# 3/3 4. In view of the above submissions, it is therefore ordered that the petitioner may appear before 10(ten) days from the date of the order before the Ld. Trial Court and would appear before the same as and when called for, without any fail. 5. In view of the same, the Non-Bailable Warrant of Arrest (NBWA) as well as the P&A, issued against the petitioner, is kept in abeyance. 6. Petition stands disposed of. JUDGE Comparing Assistant