Page No.# 1/2 GAHC010041382026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./293/2026 SADDAM HUSSAIN SON OF LT. ABBAS ALI RESIDENT OF VILL- HARIRCHAR PT.2, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM, PIN-783384 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:JAKIR HUSSAIN S/O KADER ALI RESIDENT OF VILL- HARIRCHAR PT.2 P.S. MERERCHAR DIST. BONGAIGAON ASSAM PIN-783384 Advocate for the Petitioner : MR G CHAMUAH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2026 Heard Mr. G. Chamuah, learned counsel appearing for the petitioner. Also heard Mr. M. Page No.# 2/2 P. Goswami, learned Additional Public Prosecutor, Assam. By this application filed under Section 528 of the BNSS, 2023 the petitioner Saddam Hussain has challenged the order dated 21.03.2023 passed in Sessions Case No. 47 (MCR)/2021 by the learned Additional Sessions Judge (FTC ), North Salmara, Abhayapuri. The petitioner is an accused before the learned Court below. He was absent in the Court and therefore the learned Trial Court declared him as proclaimed offender and issued NBWA against him. The petitioner has submitted that he did not receive summon from the Court and now he is interested in facing the trial. The learned Additional Public Prosecutor has submitted that since the petitioner has already been declared as proclaimed offender this Court does not have the power to interfere into this matter. I have considered the submissions made by the learned counsel of both sides. Since the petitioner is interested in facing the trial, this Court is of the opinion that an opportunity should be given to him to that effect. In view of the above, the petitioner Saddam Hussain is directed to appear before the learned Additional Sessions Judge (FTC ), North Salmara, Abhayapuri in connection with Sessions Case No. 47 (MCR)/2021 within next 10 (ten) days. On his appearance, the petitioner shall be allowed to go on bail of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Additional Sessions Judge (FTC ), North Salmara, Abhayapuri. The petitioner is directed to appear before the learned trial court on each and every date of hearing failing which the trial court shall have the liberty procure his attendance by following due procedure of law. The criminal petition is disposed of. JUDGE Comparing Assistant