Page No.# 1/2 GAHC010142882026 2026:GAU-AS:10561 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1570/2026 NURUL HUSSAIN ALIAS NURUL HAQUE SON OF MAKBUL ALI RESIDENT OF-ATHARA, P.O. PUTHIMARI, P.S. RANGIA, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MR. J AHMED, MR. R ISLAM,H G DAISY,R KHANOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 31.07.2026 Heard Mr. Z. Rahman, learned counsel appearing behalf of Mr. J. Ahmed, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Mr. Borthakur, learned Additional Public Prosecutor for the State respondent Page No.# 2/2 has produced an order dated 24.07.2026, the learned Judicial Magistrate 1st Class, Dhansiri, and submits that the learned trial Court has added Section 40(2) and Section 10(a) of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA Act’, for short), and referring to Section 43D(4) of the said Act, he submits that nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under the UAPA Act, and that this application is not maintainable and therefore, he has contended to dismiss the same. At this stage, Mr. Rahman, learned counsel appearing behalf of Mr. Ahmed, learned counsel for the applicant submits that he may be allowed to withdraw this application. Accordingly, taking note of the submissions of learned counsel for both the parties, this application stands disposed of on withdrawal. In view of the above, the interim order dated 15.07.2026, passed in this application, stands recalled. The order dated 24.07.2026, produced by Mr. Borthakur, shall be marked as ‘X’ and tagged with the record. JUDGE Comparing Assistant