Page No.# 1/3 GAHC010124712026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./907/2026 ASHADUL HOQUE ALIAS ASHADUL ISLAM S/O JUKUM UDDIN, VILL. TEKONA P.O.- KATARIHARA P.S- LAKHIPUR DIST-GOALPARA, ASSAM, VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ABDUL KUDDUS S/O- LT. SUKUR ALI VILL. TEKONA P.O.- KATARIHARA P.S- LAKHIPUR DIST-GOALPARA ASSA Advocate for the Petitioner : MR. M I HUSSAIN, R U TAPADAR,N. UDDIN,MR. R ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 30.07.2026 Heard Mr. N. Uddin, learned counsel for the petitioner and Ms. S. H. Bora, learned Additional Public Prosecutor, Assam. 2. By this application under Section 528 of BNSS read with Article 227 of the Constitution of India the petitioner has challenged the order dated 23.09.2025 Page No.# 2/3 and the order passed on the subsequent dates by the learned Additional Chief Judicial Magistrate, Goalpara. By the said orders the non-bailable warrant of Arrest has been issued against the petitioner. The petitioner has also challenged the order dated 10/4/2026 by which the proclamation against the petitioner was issued to be executed by the jurisdictional police station. 3. The learned counsel for the petitioner submits that the petitioner was absent initially and the summon was issued but on 30.07.2025 the petitioner took steps and filed the petition before the said Court which was again allowed. 4. He further submitted that on the very next day itself i.e. on 23.09.2025, NBWA was issued against the petitioner and thereafter, on subsequent dates the same was issued and finally by order dated 10/4/2026 proclamation was issued. 5. The learned counsel for the petitioner submits that the petitioner would appear on the next date without fail before the learned court of Additional Chief Judicial Magistrate, Goalpara. 6. Ms. S. H. Bora, learned Additional Public Prosecutor submits that there is no mistake committed by the learned court in issuing the NBWA against the petitioner. 7. However, on the submissions made by the counsels appearing for the parties, this Court finds it fit to direct the petitioner to positively appear before the learned court below on the next date fixed without any fail i.e. on 17/8/2026. 8. The Non Bailable Warrant of Arrest as well as the Proclamation order be kept in abeyance till the petitioner appears before the court. 9. However, if the petitioner does not appear on the said date before the court, the court will be at liberty to revive the earlier orders. Page No.# 3/3 10. Petition is disposed of. JUDGE Comparing Assistant