Page No.# 1/3 GAHC010228582025 2025:GAU-AS:15936 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1271/2025 SONGBHIJIT INGTI KATHAR @ SONGBIJOY SON OF LATE DHIDI INGTI, R/O- WARD NO.1, SERICULTURE COLONY, DIPHU, DISTRICT- KARBI ANGLONG, ASSAM, PIN- 782460 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MR W R MEDHI, MR P TALUKDAR,S I AHMED,MR A V SINGH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.11.2025 Heard Mr. A. V. Singh, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 528/438 of the BNSS, 2023 R/w Article 227 of the Constitution of India, the petitioner has challenged the various orders passed in Gobardhana P.S. case Page No.# 2/3 No. 62/2014, by which non-bailable warrant of arrests were issued against him along with two others. The petitioner has also challenged the order dated 08.09.2016 as well as 03.10.2016, by which P&A was issued against the petitioner as well as order dated 07.02.2018, by which fresh NBWA was issued against the petitioner along with a red corner notice. 3. It is noticed that the first NBWA was issued against the petitioner on 24.08.2016 and thereafter, on 08.09.2016, proclamation and attachment was issued against the petitioner along with others and thereafter, fresh NBWAs were issued against him by various orders. 4. The petitioner was thereafter, declared as a proclaimed absconder vide order dated 06.10.2016 and thereafter, fresh NBWA was issued against the petitioner on 07.02.2018. Thereafter, the case was split up and the trial was initiated against the other accused persons. 5. However, the learned counsel for the petitioner submits that the petitioner may be given an opportunity to appear before the learned Trial Court and face the trial. 6. Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam however, submits that the petitioner was named as an absconder and was declared as such by the Court below and there is no illegality in the said declaration as well as the issuance of the NBWA along with the proclamation and attachment orders. He further submits that the case was initiated in 2016 and till date the case could not proceed against the present accused person because of his non-appearance. 7. However, since the petitioner has prayed that he may be given an opportunity to appear before the Trial Court and face the trial, which may be initiated against him, this Court deems it fit that the petitioner may appear before the Trial Court within 10 days from the date of the order passed today without fail and if he does not appear within the said days, necessary action will be followed. Thereafter, the petitioner may appear before the Court on every subsequent date without fail. 8. It is further directed that till the petitioner appear before the Trial Court the NBWA as well as P&A Page No.# 3/3 orders be kept in abeyance as well as any fresh NBWA issued against him and on his appearance the Court will pass necessary orders as per law. 9. The Criminal Petition is disposed of. JUDGE Comparing Assistant