Page No.# 1/3 GAHC010000082025 2025:GAU-AS:188 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./7/2025 AMIR UDDIN S/O LATE ABDUD WAHID, R/O VILL- KURTI, P.O. AND P.S.-BAZARICHERRA, DIST- SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MUSTAFA UDDIN S/O LATE ABDUL ROJAK R/O VILL- KURTI WARD NO. 7 P.O. AND P.S.-BAZARICHERRA DIST- SRIBHUMI ASSAM PIN-78872 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. A K AZAD,MR. N HAQUE Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 07.01.2025 Heard Mr. P. K. Roychoudhury, learned counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor, Assam, for the State respondent. This is an application filed under Section 528 read with Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Article 227 of the Constitution of India praying for quashing of the impugned Order dated 14.06.2024 passed by the learned Sessions Judge, Karimganj in Special Sessions Case No. 73/2020. It is submitted by the learned counsel for the petitioner, Mr. Roychoudhury, that after receiving the summons, the present petitioner appeared before the learned Trial Court through his engaged counsel by filing Petition No. 175/2021, praying for the condonation of his absence. The same was allowed, and the matter was fixed on 01.03.2021. Thereafter, he appeared before the Trial Court on several occasions, and the next date was fixed on 14.06.2024 for appearance. However, on the said date, he could not appear due to non- communication from his engaged counsel. Consequently, considering his absence on 14.06.2024 and on subsequent dates, the NBWA was issued against him by the Trial Court. He further submits that the present petitioner is still ready and willing to contest the case, provided that some interim protection is granted to him, as well as the suspension of the order for the issuance of the NBWA. Page No.# 3/3 In this context, the learned Additional Public Prosecutor, Ms. Borah, has submitted that at this stage, the petitioner may be directed to appear before the learned Trial Court with a prayer for regular bail, which may be considered in accordance with the law. Considering the submissions made by the learned counsels for both sides, and also taking into account the conduct of the accused/petitioner, I hereby direct the petitioner to appear before the learned Trial Court on the next date fixed, i.e., 09.04.2025, and to file a fresh petition for regular bail. Upon filing such a petition, the learned Court below shall consider and dispose of the same in accordance with the law. Till then, the execution of any NBWA issued against the petitioner shall stand stayed/suspended. With the above observation and direction, this criminal petition stands disposed of. JUDGE Comparing Assistant