Page No.# 1/3 GAHC010029572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./169/2025 ALOM ALI S/O ROHIM ALI, R/O HATKHOLA, NEAR HOLLY CHILD SCHOOL, P.O. AND P.S. MORAN, PIN 785669, DISTRICT DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MINU BEGUM W/O MD SUKUR ALI R/O ITAKHOLA B TYPE P.S. MARGHERITA P.O. MORAN DISTRICT TINSUKIA ASSA Advocate for the Petitioner : MR. B K DAS, MR S SARMAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.02.2025 1. Heard Mr. B.K. Das, the learned counsel for the petitioner. Page No.# 2/3 Also heard Mr. B. Sharma, the learned Additional Public Prosecutor for the State. 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner namely, Alom Ali praying for impugning the order dated 30.08.2024 and the subsequent orders passed by the Trial Court whereby NBWA was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial under Section 366A of Indian Penal Code along with Section 6 of the POCSO Act, 2012 in Special POCSO Case No.98/2023 pending before the Court of learned Additional Session Judge cum Special Judge, POCSO, Tinsukia. 4. The learned counsel for the petitioner has submitted that on 30.08.2024 i.e date when the aforesaid case was fixed before the Trial Court. The petitioner could not appear before the Trial Court as he had to accompany one of his relative to Bangalore for his treatment. On that an adjournment petition was also filed on behalf of the petitioner, however the counsel for the petitioner failed to appear before the Court for moving the said application and thereafter NBWA was issued against the present petitioner. 5. The learned counsel for the petitioner has submitted that in Bangalore the petitioner met with an accident and had to undergo treatment and therefore he defaulted in subsequent dates also. 6. The learned counsel for the petitioner has submitted that the next date of the case is fixed on 13.03.2025 and the petitioner is ready to face the trial and he shall appear on the next date. 7. On the other hand the learned Additional Public Prosecutor for the State has pointed out that as this case involves offence under Page No.# 3/3 Section 6 of the POCSO Act, notice to the victim has to be sent. 8. Considering the submissions made by the learned counsel for the petitioner that the petitioner is ready to face the trial and this court is of the opinion that no fruitful purpose would be served in issuing notice to the respondent no.2 and therefore the notice to the respondent no.2 is waived under the peculiar facts and circumstances of this case. 9. This Criminal Petition is disposed of with a direction to the petitioner to appear before the Trial Court on the next date fixed i.e on 13.03.2025 and co-operate in the trial. 10. To facilitate his appearance before the Trial Court the operation of NBWA issued against him by the Trial Court shall remained suspended till that date. 11. With above observation this Criminal Petition is disposed of. JUDGE Comparing Assistant