Page No.# 1/3 GAHC010167452026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1124/2026 ASHIM BHOWAL AND ANR S/O ADHIR BHOWAL, R/O WARD NO 2, BIHPURIA, LAKHIMPUR, DIST LAKHIMPUR, ASSAM, PIN CODE- 784161 2: KRISHNA BISWAS SON OF- R/O- DIST LAKHIMPUR ASSAM PIN CODE- 78416 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE P.P., ASSAM 2:GARIMA SAIKIA GARG W/O- ZUBEEN GARG R/O- 9TH BYE LANE R.G. BARUAH ROAD ZOO ROAD TINIALI DISTRICT- KAMRUP (M) ASSAM PIN CODE- 78102 Advocate for the Petitioner : MS. T SOM, MR. U HAZARIKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.08.2026 Heard Ms. T. Som, learned counsel for the petitioner and Ms. S.H. Bora, learned Additional Public Prosecutor for the State. 2. By this application filed under Section 528 of the BNSS 2023, the petitioner has challenged the order dated 02.05.2025, passed by the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, in GR No.1720/2008, by which NBWA has been issued against the petitioners. 3. The learned counsel for the petitioner, submits that the case has been instituted in 2008 and since then, the petitioners have been appearing before the court regularly but she submits that on 02.05.2025, due to some miscommunication with the counsels of the petitioners, the petitioners could not appear before the court and the learned court had issued NBWA against the said petitioners. 4. The learned counsel further submits that during charge framing, the petitioners were present along with their learned counsels and after hearing both the sides, charges were framed against the petitioners, to which the petitioners pleaded not guilty and claimed to be tried. The learned counsel further submits that the next date fixed on 15.09.2026; she submits that the petitioners would go and appear positively on the said date. 5. Ms. S.H. Bora, learned APP for the State, however, submits that the entire order sheet has not been annexed by the petitioners in this petition. She further submits that the petitioners are absent without any steps before the court and Page No.# 3/3 as such, the NBAW has been issued for their appearance. 6. On consideration of the submissions made by the learned counsels, this court finds the following: (i) It is noticed that on 02.05.2025, both the petitioners were absent without any steps and NBWAs were issued but on subsequent dates, the petitioners were absent but with steps and the NBWAs against them were not called and fresh NBWAs are issued. (ii) It is therefore directed that the petitioners to appear before the Court of Chief Judicial Magistrate, Kamrup (M) on the next date fixed, i.e. 15.09.2026 positively without any fail. However, if they do not appear on the said date before the Court of Chief Judicial Magistrate, Kamrup, (M), Guwahati, the present order will not continue and the earlier orders of the Chief Judicial Magistrate would get revived. (iii) The petitioners shall appear before the court and the NBWA issued against the petitioners are to be kept in abeyance. 7. The petitioner is disposed of. JUDGE Comparing Assistant