Page No.# 1/3 GAHC010266592024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./106/2025 MATIBAR RAHMAN @ MATIBAR ALI AND 4 ORS. S/O LT. JAYNAL ABDIN R/O VILL-BARDIA NAYAPARA, P.S. BOKO,DIST. KAMRUP, ASSAM 2: LAL SAN ALI @ LALCHAN ALI S/O MD. MATIBAR RAHMAN R/O VILL-BARDIA NAYAPARA P.S. BOKO DIST. KAMRUP ASSAM 3: LAL BHANU W/O MATIBAR RAHMAN R/O VILL-BARDIA NAYAPARA P.S. BOKO DIST. KAMRUP ASSAM 4: RANG BHANU W/O MD. SALAM ALI R/O VILL-BARDIA NAYAPARA P.S. BOKO DIST. KAMRUP ASSAM 5: AZIRAN NESSA @ABIRAN NESSA W/O KITAB ALI R/O VILL- PANIKHAITI P.S. BOKO DIST.KAMRUP ASSA VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:SAHAR BHANU W/O IBRAHIM ALI VILL- BARDIA NAYAPARA P.S. BOKO DIST.KAMRUP ASSA Advocate for the Petitioner : MR. A ALI, Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 10.02.2025 Heard Mr. A. Ali, the learned counsel appearing for the petitioners. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 01.08.2023 and the subsequent orders passed by the Judicial Magistrate First Class, Kamrup at Boko in connection with G.R. No.1399(K)2017. 3. The petitioners are facing trial before the court below. On 01.08.2023, they could not appear before the court and therefore Non-Bailable Warrant of Arrest (NBWA) was directed to be issued against them. 4. I have considered the submissions made the learned counsel of both sides. 5. Since the petitioners are interested in facing the trial, this Court is of the opinion that the petitioners deserve to be given one opportunity to contest the case. Page No.# 3/3 Therefore, the impugned order(s) issued against the present petitioners are set aside. If any NBWA and/or P&A has been issued against them, shall be recalled. 6. The petitioners, namely- (1) Matibar Rahman @ Matibar Ali, (2) Lal San Ali @ Lal Chan Ali, (3) Lal Bhanu, (4) Rang Bhanu and (5) Aziran Nessa @ Abiran Nessa are directed to appear before the court below/trial court on or before 17.02.2025. On their appearance, they shall be allowed to remain on previous bail. 7. The trial court shall try to expeditiously dispose of the case in accordance with the procedure as laid down by law. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant