Page No.# 1/3 GAHC010230972025 2025:GAU-AS:14701 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1315/2025 JOYNAL ABDIN AND 2 ORS. S/O LATE TAIYAB ALI R/O VILL- SHIBPUR NO. 2, P.O. BURUNGA P.S. MURAJHAR, DIST.HOJAI, ASSAM 2: NOOR AHMED S/O JOYNAL ABDIN R/O VILL- SHIBPUR NO. 2 P.O. BURUNGA P.S. MURAJHAR DIST. HOJAI ASSAM 3: HELAL UDDIN AHMED S/O JOYNAL ABDIN R/O VILL- SHIBPUR NO. 2 P.O. BURUNGA P.S. MURAJHAR DIST. HOJAI ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:FAKHRUL ISLAM S/O ABDUL NUR R/O VILL- SHIBPUR NO. 2 P.O. BURUNGA Page No.# 2/3 TOLIBAZAR P.S. MURAJHAR DIST. HOJAI ASSAM PIN-781445 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, S AHMED,MR. A K AZAD,MR. N HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 31.10.2025 Heard Mr. P.K. Roychoudhury, learned counsel for the petitioners and Mr. B. Sharma, learned Addl. Public Prosecutor for the State. 2. By this application filed under Section 528 read with Sections 438 and 442 of the BNSS, 2023, the petitioners have challenged the Order dated 19.09.2025 passed by the learned Sub Divisional Judicial Magistrate, Hojai in G.R. Case No. 526/2017, by which NBWA is issued against the petitioner No. 1 and BWA is issued against the other petitioners. 3. Mr. P.K. Roychoudhury, learned counsel for the petitioners submits that petitioner No. 1 was present on 29.01.2025, however, the other petitioners were absent without any steps. He further placed the subsequent orders, where it is seen that petitioner No. 1 although was absent but with steps showing cause of his absence and the same was allowed. However on 19.09.2025, the petitioner No. 1 was found absent without any steps and NBWA was issued against him. 4. Mr. P.K. Roychoudhury, learned counsel submits that all throughout the Page No.# 3/3 petitioner No. 1 was absent, but with steps and as such, issuance of NBWA against petitioner No. 1 was bad in law. 5. The learned counsel for the petitioner has also challenged the Order dated 19.09.2025, by which BWA is issued against the other petitioners. However, the same may not be a subject matter of contention in the instant case, since BWA was issued against him. However, he submits that on the next date the petitioners including petitioner No. 1 would appear positively without any fail. 6. As such, it is directed that petitioner No. 1 would appear before the learned Court of Divisional Judicial Magistrate, Hojai, Sankerdev Nagar, Assam within 15 (fifteen) days from the date of the order and would appear on each and every dates as fixed by the Trial Court. The same applies to the other petitioners. 7. Accordingly, the Order dated 19.09.2025, by which NBWA is issued against the petitioner No. 1 is kept in abeyance. 8. Petition is disposed of. 9. Petitioners may take necessary recourse after appearance before the Trial Court, which would be considered by the Court according to law. JUDGE Comparing Assistant