Page No.# 1/3 GAHC010262772025 2025:GAU-AS:16298 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1489/2025 UTTAM MANDAL SON OF LATE SURENDRA MANDAL, R/O VILLAGE NO 1, BHURBANDHA, RUPAHIHAT, NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RAM CHANDRA ADHIKARY SON OF LATE AGHUR ADHIKARY R/O VILLAGE 1 NO BHURBANDHA (MOTHAURI P.O. LAOKHOWA P.S. RUPAHIHAT DIST. NAGAON ASSA Advocate for the Petitioner : MR R SENSUA, MS. D SARMAH,G KAUSHIK,MR D BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 28.11.2025 Heard Mr R Sensua learned counsel for the petitioner. Also heard Mr B Sarma, learned learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 528 of the BNSS, 2023, praying for setting aside and quashing of the order dated 09.05.2025 and other consequential order passed in Special (POCSO) 21 (N) of 2023, pending before the learned Additional Sessions Judge-cum-Special Judge (POCSO), Nagaon, Assam. 3. The learned counsel for the petitioner has submitted that although the Presiding Officer of the learned trial Court was on leave on 09.05.2025, non- bailable warrants of arrest were issued against the petitioner due to his non- appearance. 4. The learned counsel for the petitioner has submitted that it was on a mistake of information that he did not appear on the said date and only recently, when the Police had visited his premises, he has come to know that NBWA has been issued against him. The learned counsel for the petitioner further submits that the case is fixed on 29.11.2025, i.e., tomorrow, and the petitioner is ready to appear before the learned trial Court and to adduce defence evidence since the prosecution evidence is already closed. 5. Keeping in view the submissions made, this Court directs that the NBWA issued against the petitioner shall remain in abeyance till tomorrow, i.e., 29.11.2025, allowing the petitioner to appear before the learned trial Court. On his appearance, the learned trial Court may decide the requirement of Page No.# 3/3 conditions that may be required to be imposed on the petitioner to ensure his presence and participation further in the trial proceedings. 6. It is made clear that in the event of the petitioner failing to appear tomorrow, the protection granted by this Court shall automatically stand withdrawn without further deference. 7. The Criminal Petition stands disposed of. JUDGE Comparing Assistant