Page No.# 1/3 GAHC010182862026 2026:GAU-AS:12702 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1214/2026 HABIBAR RAHMAN S/O ABDUL GONI, R/O VILL NAYER ALGA PT II, PS BILASIPARA, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR R A AHMED, MR. B HUSSAIN,MR A ALAM,MR. A A MONDAL,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 02.09.2026 1. Heard Mr. R.A. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned APP appearing for the State of Assam. 2. By this application filed under Section 528 of the BNSS, 2023, the petitioner has prayed for setting aside and quashing of the orders dated 28.04.2026 and Page No.# 2/3 the subsequent orders whereby NBWA was issued against the petitioner in connection with PRC Case No. 217 of 2024, arising out of Jogighopa P.S. Case No. 27 of 2024, registered under Sections 376/506 of the IPC, pending before the learned SDJM (M), North Salmara, Abhayapuri. 3. The learned counsel appearing for the petitioner submits that the charge sheet in connection with the instant case was submitted on 22.04.2024 and that summons was issued to the accused on 27.06.2024. 4. The learned counsel appearing for the petitioner further submits that initially, the petitioner appeared before the learned SDJM (M), North Salmara, Abhayapuri, however, due to miscommunication between the counsels, he could not appear before the court on the subsequent dates. He submits that on 28.04.2026, the petitioner was neither present before the court nor did he take any steps and as such, the learned court issued an NBWA against the petitioner. 5. The learned counsel, therefore, submits that the petitioner was not aware of the dates fixed before the learned court and, as such, could not appear on the subsequent dates. He further submits that the petitioner shall appear before the learned court without fail on the next date fixed, i.e., 08.10.2026. 6. Mr. B. Sharma, learned APP appearing for the State of Assam submits before this Court the order dated 04.07.2026, whereby the learned SDJM (M), North Salmara, Abhayapuri had recorded that the petitioner had moved a pre- arrest bail application before the appellate court, which was rejected. He further submits that the petitioner had never appeared before the learned court and that on certain dates, he had merely taken steps. Page No.# 3/3 7. Upon consideration of the submissions made by the learned counsel for the parties, more particularly in view of the submission made by the learned counsel for the petitioner that the petitioner shall appear before the learned court without fail on 08.10.2026, this Court deems it fit to direct the petitioner to appear before the learned court within a period of 10 days from the date of this order. Till such appearance, the order issuing NBWA against the petitioner shall remain in abeyance. However, in the event the petitioner fails to appear before the learned court within the stipulated period, the order issuing NBWA shall stand revived. 8. It is further directed that, after his first appearance before the learned court, the petitioner shall remain present on each and every subsequent date fixed by the learned court without fail. 9. The petition stands disposed of. JUDGE Comparing Assistant