Page No.# 1/2 GAHC010012492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./67/2025 AHAMAD ALI @ AHAMMAD ALI S/O LATE MANIR UDDIN VILL- TUKTUKI P.S. DHING DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:Md Abul Kashem Village - Katahguri P.S.- Dhing District- Nagaon Assa Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MS. S SULTANA,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.02.2025 Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor. Page No.# 2/2 2. This application under Section 528 read with Section 442 of BNSS, 2023 has been filed by the petitioner Ahamad Ali @ Ahammad Ali, impugning the order dated 26.07.2023 as well as the earlier order issuing Non-Bailable Warrant of Arrest (NBWA) against the present petitioner in Special POCSO Case No.62/2016. 3. Learned counsel for the petitioner has submitted that the petitioner is an accused facing trial in Special Pocso Case No.62/2016 pending before the Court of learned Additional District & Sessions Judge, No.1 cum Special Judge (POCSO), Nagaon. He submits that the petitioner had earlier appeared before the Court and 4 (four) prosecution witnesses have also been examined. However, the learned counsel for the petitioner submits that after Covid-19 pandemic, the petitioner left the place in search of his livelihood and thereby defaulted in appearing before the Trial Court. Accordingly, the Trial Court issued NBWA and thereafter Special POCSO Case No.62/2016 was filed by the trial Court vide order dated 26.07.2023 by issuing the standing NBWA against the present petitioner. 4. Learned counsel for the petitioner submits that the petitioner is ready to face the trial. However, due to pending NBWA, there is an apprehension that he may be arrested and therefore, prays for facilitating his appearance before the trial Court so that he can face the trial. 5. I have also heard Ms. S.H. Bora, who does not oppose the prayer on the ground that the petitioner is ready to face the trial. 6. Considering the submissions made by the learned counsel for the parties, this Criminal Petition is disposed of with a direction to the petitioner to appear before the trial Court on or before 27.02.2025 in Special POCSO Case No.62/2016 pending before the Court of Additional District & Sessions Judge cum POCSO Judge, Nagaon. 7. To facilitate the appearance of the petitioner before the Trial Court, the operation of standing cause of NBWA issued against the petitioner shall remain suspended till 27.02.2025. 8. On his appearance before the Trial Court, the petitioner may make an appropriate application seeking any other relief, to which he may be legally entitled to. Criminal petition is disposed of. JUDGE Comparing Assistant