Page No.# 1/3 GAHC010010802025 2025:GAU-AS:753 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./62/2025 MD FAIJUL KARIM @ FAIJUR KARIM S/O MD. TAIYAB ALI PRESENT RESIDENT OF VILL-KALAI CHAR, BADLI BAIRALI, KHARUPETIA, P.S. KHARUPETIA DIST. DARRANG, ASSAM PERMANENT RESIDENT OF - VILL- GARUMARA DALANI P.S. MAYONG, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:MUSSTT. AKLIMA KHATUN W/O LATE ABISUS ZAMAN R/O VILL- GARUMARA DALANI P.S. MAYONG DIST. MORIGAON ASSAM PIN-78115 Advocate for the Petitioner : MR. S SARMA, S J KALITA,B SAHA,MR B P SARMAH,MR. A GOSWAMI,MR D DAS,MR. C CHAKRAVARTY,MR. R HAZARIKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 24.01.2025 1. Heard Mr. S Sarmah, 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 dated 07.01.2025 passed by the learned Additional Chief Judicial Magistrate, Morigaon in connection with PRC Case No.482/2024, whereby the learned Magistrate issued NBWA declaring the petitioner as absconder. 3. After completion of the investigation, the investigating authority filed charge sheet. 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 as he was outside Assam for job purposes. Accordingly NBWA was issued by the learned trial court below vide order dated 07.01.2025. 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 for the purpose of 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. 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 Page No.# 3/3 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 approach the learned trial court below seeking recall of the order dated 07.01.2025 issuing NBWA. 10. The petitioner shall appear before the learned court below within a period of 7 days from today. If the petitioner appears and files an application within the next 7 days, the NBWA issued against him shall remain suspended till decision of the learned trial court. However, if the petitioner does not appear and no application is filed within the next 7 days, the operation of the NBWA 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 allowed. JUDGE Comparing Assistant