Page No.# 1/3 GAHC010233662025 2025:GAU-AS:14316 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1289/2025 NEKBUL HUSSAIN LASKAR ALIAS MEKBUL HUSSAIN LASKAR SON OF BADAR UDDIN LASKAR RESIDENT OF VILLAGE DIGLANG CHRISTIAN PUNJEE, PS JIRIGHAT, DISTRICT CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L R MAZUMDER, MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.10.2025 Heard Mr. L.R. Mazumder, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor for the State respondent. 2. This is an application under Section 528 of the BNS, 2023, by which the petitioner has challenged the order dated 06.08.2025 as well as the subsequent Page No.# 2/3 order passed by the learned Sub Divisional Judicial Magistrate (M), Lakhipur, Cachar in PRC No. 330/2024 arising out of Jirighat P.S. Case No. 44/2018 registered under Section 363 of the IPC. The petitioner has challenged the issuance of Non Bailable Warrant of Arrest (NBWA) against him by the said orders. 3. Mr. L.R. Mazumder, learned counsel for the petitioner submits that although summons were issued to the petitioner but the petitioner could not receive it as he was at a different place and thereafter, he had placed the order dated 06.08.2025, by which it is seen that though BWA was issued against the petitioner, but the same could not be served upon him as it was reflected that the petitioner had changed his address and subsequent thereto, NBWA was issued against the petitioner in his new address. He as such submits that the petitioner may be given an opportunity to appear before the Court as and when called for. 4. Mr. B. Sharma, learned Addl. Public Prosecutor for the State respondent however submits that in the Charge-sheet, there are materials which shows that the petitioner had not cooperated with the Police during investigation and that he was shown as an absconder and thereafter, summons were issued, then BWA and then NBWA, which is as per law. 5. I have heard the learned counsels for the parties. 6. It is seen from the order dated 06.08.2025 that the petitioner had changed his address but when he changed his address is not clear but the fact remains that BWA was issued against him which returned with a report saying that the accused had changed his address and as such, NBWA was issued against him in his new address. As such, it could be deduced that the petitioner Page No.# 3/3 is staying at a different place. 7. Be that as it may, the petitioner is directed to appear before the Court of Sub Divisional Judicial Magistrate (M), Lakhipur, Cachar, Silchar within a period of 10 (ten) days from the date of the order and it is also directed that the petitioner may appear before the Trial Court as and when called for without fail and if he does not appear, necessary re-course would be taken by the said Court. 8. The petition is disposed of. 9. Till then, the NWBA may be kept in abeyance. JUDGE Comparing Assistant