Page No.# 1/3 GAHC010270782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1545/2025 MOHIBUL ISLAM @ MOHEBUL ALI S/O LT. EMRAN ALI, R/O VILLAGE-GHILAJARI, P.O. AND P.S- HOWLY, DISTRICT- BARPETA, ASSAM. PIN-781316 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S A AHMED, MS. K DAS,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 09.12.2025 1. Heard learned counsel Mr. S. A. Ahmed for the petitioner Mohibul Islam @Mohebul Ali who has filed this application under Section 528 of the BNSS, 2023 read with Section 482 of the BNSS, 2023 with prayer for setting aside the impugned order dated 05.04.2023 and subsequent orders issuing NBWA against Page No.# 2/3 the petitioner. 2. Heard learned Additional Public Prosecutor, Mr. M. P. Goswami for the respondent State who has accepted notice on behalf of respondent No. 1 and thus no formal notice is required to be issued. 3. It is submitted that the petitioner is willing to co-operate with the trial but he is hesitant to appear before the Court as NBWA has been issued him and he would be forwarded to custody. 4. Learned Additional Public Prosecutor has submitted that the first order of NBWA was passed on 05.04.2023 and thereafter, the petitioner remained absent on subsequent dates upto 2025. 5. I have considered the submissions at the Bar with circumspection. I have also considered the submission that the petitioner is willing to co-operate with the trial. 6. I have taken a pragmatic view. This Sessions Case No. 74/2019 is pending for a prolonged period. To avoid further delay, I deem it appropriate to direct the petitioner to appear before the Trial Court on or before the next date. Accordingly, NBWA issued against him is kept in abeyance till the next date fixed. 7. The petitioner is directed to appear before the learned Trial Court and co- operate with the trial. 8. In terms of the above observation, this application stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant