Page No.# 1/4 GAHC010179232026 2026:GAU-AS:12134 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1167/2026 HAMIDA KHATUN AND ANR W/O GULJAR HUSSAIN, R/O VILLAGE DHUMKURA, CHUTIYAGAON, P.S. LAHARIGHAT, DISTRICT MORIGAON, ASSAM. 2: GOLAP HUSSAIN @ GULJAR HUSSAIN S/O NIJAM UDDIN R/O VILLAGE DHUMKURA CHUTIYAGAON P.S. LAHARIGHAT DISTRICT MORIGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:AMRADUL ISLAM S/O SAHEB ALI R/O CHUTIAGAON P.S. BHELOWGURI DIST. MORIGAON ASSAM Advocate for the Petitioner : MR. A AHMED, MS. F B CHOUDHURY,MR. M A CHOUDHURY,U U KHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 24.08.2026 Heard Mr U U Khan, learned counsel for the petitioners. Also heard Mr K Baishya, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for quashing of the order dated 02.07.2024, passed by the learned Special Judge (POCSO), Morigaon, Assam, in POCSO Case No. 40 of 2024, by which NBWA was issued against the petitioners. The petitioners have also challenged the order dated 09.01.2026, by which the learned Trial Court issued Proclaimed Offender (P & A) against the petitioners. 3. The learned counsel for the petitioner submits that a case was registered against the petitioners and one another person, who was declared to be juvenile on the information given by the brother of the victim on 11.04.2022, to the Officer-In-Charge of Bhelowguri Police Station. It was stated in the said FIR that the petitioner No. 1, Hamida Khatun, had called the sister of the informant for making some rice cakes in her house and that the sister of the informant went there and made rice cakes. Thereafter, it was stated that the petitioners had locked the sister in a room and that accused No. 1, who was declared a juvenile, assaulted his sister and raped her against her will. The learned counsel submits that the POCSO offence is not maintainable against the petitioners and the main perpetrator has been declared a juvenile and his case was sent to the Juvenile Court. He further submits that the charge sheet was submitted against the Page No.# 3/4 petitioners and the other juvenile accused person, before the Court on 28.03.2024, and summons were issued to the petitioners. He, thereafter, submits that summons were again issued to the petitioners when they did not appear before the Court, and that, thereafter, bailable warrant of arrest was issued on 27.05.2024 and that, on the next day, i.e., on 02.07.2024, NBWA was issued against the petitioners. He further submits that thereafter, fresh NBWA was issued against the petitioners, and that P & A was issued against the petitioners vide order dated 09.01.2026. The learned counsel submits that the petitioners are not aware of the lodging of the FIR as well as the case instituted against them. He submits that the petitioners are ready to appear before the Court on the next date fixed. 4. Mr K Baishya, learned Additional Public Prosecutor for the State, however, submits that repeated attempts were made by the Trial Court for appearance of the petitioners, but all those attempts had failed as the petitioners had absconded themselves from the case at hand. 5. Upon consideration of the submissions made by the learned counsels, and on the assurance given by the counsel of the petitioners that the petitioners would appear before the Trial Court without fail, this Court directs the petitioners, Hamida Khatun and Golap Hussain @ Guljar Hussain to appear before the learned Trial Court within a period of 7 (seven) days from today. It is also directed that the petitioners would present themselves before the Trial Court on each and every subsequent date, without fail. In case, the petitioners fail to appear before the Trial Court within the stipulated time, the order of Page No.# 4/4 the Trial Court issuing NBWA as well as P & A, would get revived. Till then, the NBWA as well as the P & A are kept in abeyance. 6. The Criminal Petition stands disposed of. JUDGE Comparing Assistant