Page No.# 1/3 GAHC010279212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1608/2024 MANAB BORO S/O SRI PARBESH BORO, PERMANENT R/O HOLONG BARI, P.S.- PATASARKUCHI, DIST- BARPETA, ASSAM. PRESENT R/O PATHSAL, P.S.- PATASARKUCHI, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:JABA RANI BORO D/O JANGA BORO R/O BILPAR P.S.-TAMULPUR DIST-BAKS Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 03.01.2025 Heard Ms. P. Kalita, learned counsel for the petitioner, who has filed this petition under Section 528 of the BNSS, 2023 for quashing or setting aside the Page No.# 2/3 impugned order dated 22.04.2024 and the subsequent orders passed by the learned Special Judge (POCSO), Kamrup at Amingaon in connection with Special (POCSO) Case No. 06/2022 (arising out of Changsari P.S. Case No. 439/2020 under Sections 419 / 376 / 313 of Indian Penal Code R/w Section 4 of POCSO Act). 2. It is the case of the petitioner that he is an accused in the aforesaid case and resides at Pathshala in the district of Barpeta. The learned counsel has submitted that at no point of time any summons was received by the petitioner resulting in issuance of NBWA. It is also submitted that the petitioner is ready and willing to appear before the learned Court as he could subsequently learn about the said case. It is also submitted that during the investigation, Police had never called for the petitioner to record his statement or otherwise and he was wholly unaware of the said case. 3. Also heard Shri K. Baishya, learned Additional Public Prosecutor, Assam, who however submits that the orders passed by the learned Court would reflect that initially summons were issued and only thereafter, NBWA has been issued. 4. The rival submissions have been duly considered. 5. The case is registered under Section 4 of the POCSO Act which requires expeditious disposal. It is seen that the case was instituted in the year 2020 itself and in the meantime, more than 4 years have passed. Considering the above, this Court is of the opinion that issuance of notice may further delay the proceedings. This petition is therefore disposed of by allowing the petitioner to appear before the learned Court on or before next date which has been said to be fixed on 09.01.2025 and on such appearance, the petitioner may pray for bail. In such event, the application for bail may be considered strictly in Page No.# 3/3 accordance with law and without being influenced by any observations made by this Court in this order. In the interest of justice, till the next date fixed by the learned Trial Court i.e. 09.01.2025, the NBWA is not to be executed. 6. The petition accordingly stands disposed of. JUDGE Comparing Assistant