Page No.# 1/3 GAHC010150452026 2026:GAU-AS:10124 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1034/2026 SMTI MITALI GOHAIN C/O ROKTIM GOHAIN, W/O BHITI GOHAIN, R/O GHURAMORA RONGPURIA, P.S. LAHUWAL, DISTRICT DIBRUGARH, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, U U KHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 23.07.2026 Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Mitali Gohain, has filed this application under Section 528 BNSS, 2023 read with Article 227 of the Constitution of India challenging the impugned order dated 20.05.2026 and subsequent orders passed by the learned SDJM(M), Jonai, whereby the learned SDJM(M), Jonai issued NBWA against the petitioner in N.I Case No.05/2025. 3. It is submitted that after taking cognizance, the petitioner was absent only on one date without representation and on the very same day i.e. on 20.05.2026, the learned Court issued an NBWA against the petitioner without recording any reasons as to why an NBWA was issued directly. 4. The learned Additional Public Prosecutor has submitted that as this is an N.I case, the complainant is to be made a necessary party. It is further submitted that the petitioner may take recourse by appearing before the learned trial court and applying for recall of the NBWA. In the event that such prayer of the petitioner is rejected, the petitioner can approach this Court. 5. I have considered the submissions at the Bar with circumspection. 6. I have considered the submission that the petitioner is willing to cooperate with the trial. Page No.# 3/3 7. I have taken a pragmatic view. It appears that, without procrastinating the case any further, the petitioner may be directed to appear before the learned trial court. Thereby, the NBWA issued against the petitioner dated 20.05.2026 and subsequent orders is kept in abeyance for 15(fifteen) days and within these 15(fifteen) days, the petitioner is directed to appear before the learned trial court and cooperate with the trial. 8. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant