Page No.# 1/3 GAHC010004662025 2025:GAU-AS:752 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./40/2025 KHAJA MAINUDDIN S/O- LT. MATLEB ALI, VILL- SATKHAPARI DOLANI, P.S. MAYANG, DIST.- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR 2:MD. RAMJAN ALI S/O- LT. SHAHA ALI VILL- SATKHAPORI DOLANI P.S. MAYANG DIST.- MORIGAON ASSA Advocate for the Petitioner : MR. J AHMED, H G DAISY,MS A HUSSAIN,R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 24.01.2025 1. Heard Mr. J Ahmed, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Addl. PP, Assam. 2. By this application filed under section 528 of BNSS, 2023, the petitioner has prayed for quashing the impugned order(s) dated 23.11.2023 issuing NBWA, 20.12.2023 issuing P&A and order dated Page No.# 2/3 25.01.2024, declaring the petitioner as absconder passed by the learned Special Judge (POCSO), Morigaon in POCSO Case No.284/2023 arising out of Mayong PS Case No.95/2023 under section 376(D) IPC read with section 6 of the POCSO Act (corresponding to GR Case No.1306/2023). 3. After completion of the investigation, the investigating authority filed charge sheet and in the meantime trial has commenced and three witnesses have already been examined. It is the case of the petitioner that he was not aware of such case and he was not searched by police at any point of time and he is a daily wage earner and presently working in Kerela. 4. In the aforesaid backdrop, though summons were issued to him, but such summons were never served upon him and the process server submitted a report that the petitioner was not found available in his address as he was outside Assam for job purposes. Accordingly BWA was issued by the learned trial court below by its order dated 10.11.2023. Subsequently when the petitioner did not appear NBWA was issued by order dated 23.11.2023 and when the petitioner remained absent on the next date also, P&A was issued against the petitioner by order dated 07.12.2023. 5. It is the case of the petitioner that he has not avoided any investigation or trial on his own volition, however, due to his stay at Kerela in connection with his job, he was not aware of such fact, however, now he has come to learn about the present proceeding and he is willing to participate in the proceeding being a law abiding citizen. Page No.# 3/3 6. Accordingly, the present application is filed for recall of the orders. 7. This court is of the view that all these pleas that the petitioner was not available and he has not willfully absented himself from the trial or investigation, can be taken note of by the learned trial court, if the petitioner approaches the learned trial court giving his explanation. 8. Therefore, this court is of the view that ends of justice would be met if the matter is relegated back to the learned trial court below to consider the case of the petitioner and to pass necessary orders. 9. Accordingly the present petition stands closed by relegating the petitioner to the learned trial court below for seeking recall of the orders dated 23.11.2023 issuing NBWA & 20.12.2023 issuing P&A. 10. The petitioner shall appear before the learned court below within a period of 15 days from today. If the petitioner appears and files an application within the next 15 days, the NBWA issued against him shall remain suspended till decision of the learned trial court. However, if the petitioner do not appear and no application is filed within the next 15 days, the operation of the NBWA & P&A shall remain in force. 11. If such application is filed, the learned trial court shall consider the same on its own merits without being influenced by any of the observations made in the order. 12. With the aforesaid, the present petition stands disposed of. JUDGE Comparing Assistant