Page No.# 1/6 GAHC010258162025 2025:GAU-AS:15839 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1456/2025 NAJRUL ISLAM SON OF MAFIJ UDDIN, R/O VILLAGE ROWMARI, DHING, NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 21.11.2025 Heard Mr. A. Ahmed, learned counsel appearing for the accused/petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor appearing for the State respondent. 2. By way of this application under Section 528 of the BNSS, 2023, read with Article 227 of the Constitution of India, the accused/petitioner is seeking quashing and setting aside of the Page No.# 2/6 impugned order dated 30.01.2019 passed by the Learned Judicial Magistrate First Class, Nagaon, Assam, whereby the learned trial court issued an NBWA against the accused/petitioner, and the impugned order dated 15.02.2025, whereby the learned trial court issued a P&A against the accused/petitioner passed in PRC Case No. 464/2018. 3. The facts of the case are that upon an FIR being lodged on 25.10.2016 before the Officer-in-Charge of Batadraba Police Station on the allegation, inter alia, that one Msst. Tanjuma Khatun has forged the signature of the Circle Officer in the annual income certificate and the jamabandi, a case was registered as Batadraba P.S. Case No. 139/2016 dated 04.11.2016, and accordingly, investigation commenced. Upon investigation being completed, charge-sheet vide charge-sheet no. 147/2017 was submitted on 21.12.2017 under Sections 465/ 468/ 471 of IPC against two persons including the accused/petitioner. It appears that after the charge sheet was submitted, the case records were put before the jurisdictional Magistrate Court on 28.03.2018, and accordingly, the learned trial court, vide order dated 28.03.2018, took cognizance of the offence under Sections 465/468/471 of the IPC and transferred the case to the court of the learned Judicial Magistrate, First Class, Nagaon for trial and disposal against the two persons, including the accused/petitioner. 4. It is the specific case of the accused/petitioner that the accused/petitioner did not receive any summons from the learned trial court, and therefore, he could not appear before the trial court, for which the trial court, vide order dated 30.01.2019, was pleased to issue NBWA against the accused/petitioner. Subsequently, vide order Page No.# 3/6 dated 03.01.2019, 01.03.2019, 27.05.2019, 24.06.2019, 16.09.2019, 30.10.2019, 17.01.2020, 11.03.2020, 20.01.2021, 03.01.2022, 10.05.2022, 25.08.2022, 17.12.2022, 15.02.2023, 26.04.2023, 23.06.2023, 10.08.2023, 31.10.2023, 24.01.2024, 11.03.2024, 09.04.2024, 27.05.2024, 18.07.2024 and 06.07.2024. 5. Thereafter, on 20.11.2024, the learned trial court issued a fresh NBWA against the accused/petitioner, fixing the matter on 15.02.2025 for appearance. On 15.02.2025, based on a report, the learned trial court issued a proclamation and attachment against the accused/petitioner. Thereafter, on 23.09.2025, the learned trial court issued a fresh proclamation and attachment based on a report submitted by the E.O. and as such the instant case was filed against the accused/petitioner and thereafter, the case was fixed on 04.12.2025. 6. Mr. A. Ahmed, learned counsel appearing for the accused/petitioner, submits that it is clear from a perusal of the charge sheet that during the investigation the accused/petitioner was not absconding, and he has given notice under Section 41A of Cr.P.C. He further submits that the accused/petitioner was also shown as an absconder in the charge sheet. He further submits that it is clear from the order dated 30.01.2019 passed by the learned trial court based on the report that no person of the name of the accused/petitioner is present in that village, issued an NBWA against the accused/petitioner. He further submits that only in the month of October, 2025, the police visited the accused/petitioner’s house and in his absence met his family members and informed them about the pendency of the case. Page No.# 4/6 He further submits that when the accused/petitioner came to know of the same, upon enquiring, he came to know of the pending status of the case. He further submits that the accused/petitioner is a permanent inhabitant of the residence of the Rowmari village under the Dhing police station in the district of Nagaon, Assam, and he was never searched by the Investigating Officer in relation to the aforesaid summons, as he was regularly present at his address. He further submits that the accused/petitioner is ready and willing to face trial but to issuance of NBWA and proclamation against him, he is unable to appear before the trial court. 7. Per contra, Mr. M. P. Goswami, learned Additional Public Prosecutor appearing for the State respondent, submits that in the event the accused/petitioner appears before the trial court on the next date of hearing, i.e., 04.12.2025, he has no objection if the instant petition is disposed of by giving liberty to the accused/petitioner to appear before the trial court on the next date fixed, and upon such appearance, the trial court shall exercise its discretion and consider the matter. 8. I have heard the learned counsel appearing for both the parties and also have perused the material available on record. 9. It transpires that the accused/petitioner was unable to appear before the trial court as summons could not be served upon him for which ultimately the impugned NBWA and P&A have been issued against him. It is further apparent from the charge sheet that the accused/petitioner was not described as an absconder at the stage of investigation. It is further apparent that from the orders placed before Page No.# 5/6 this court from 30.01.2019 till 23.09.2025, that the summons could not be issued to the accused/petitioner as he was not found in the given address, and that nobody in the village knew about his whereabouts. It thus appears that the accused/petitioner is not deliberately attempting to evade court process. 10. In view of the above, vis-à-vis, the endorsement made by the learned counsel appearing for the accused/petitioner to the effect that the accused/petitioner is ready and willing to appear before the learned trial court, this court deems it appropriate, in the interest of justice, to dispose of the present criminal petition by giving liberty to the accused/petitioner to appear before the learned trial court on the next date of appearance, i.e., 04.12.2025, and upon such appearance, the trial court shall proceed further in accordance with law. 11. Ordered accordingly. 12. Needless to clarify that till 04.12.2025 and/or till the appearance of the accused/petitioner before the trial court, whichever is earlier, no coercive steps in terms of the orders dated 23.09.2025 and 15.02.2025 shall be taken against the accused/petitioner. The trial court, upon such appearance in terms of the liberty given by this court, in the event if any application is made for granting bail and/or converting his NBWA and P&A into bailable warrants, the same shall be considered in accordance with law. 13. Resultantly, the criminal petition stands disposed of. Page No.# 6/6 14. The copy of the charge sheet dated 21.12.2017 is kept on record and marked as “A”. JUDGE Comparing Assistant