Page No.# 1/3 GAHC010211012026 2026:GAU-AS:14496 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./503/2026 SWMDWN RABHA ALIAS SWDWB BRAHMA S/O SRI ATUL RABHA, VILL. NO 6 DIPANJULI, P.O. UROHILOGA, P.S. RANGAPARA, DIST. SONITPUR, ASSAM, PIN 784505 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. S. CHANDA,MS. R DEVI,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.09.2026 Heard Mr. S. C. Biswas, the learned counsel for the petitioner and Mr. S. H. Borah, the learned Addl. Public Prosecutor for the State. 2. By this application filed under Section 448/442, of BNSS 2023, the petitioner has prayed for setting aside and quashing of the orders passed by the Page No.# 2/3 Additional District Judge, FTC Sonitpur, Tezpur, in Sessions Case No. 48/2025, in connection with Chariduar P.S. Case No. 75/2015, by which NBWA was issued against the petitioner. The case of the petitioner is that, he was arrested in connection with Chariduar P.S. Case No. 75/2015, and was released on bail. Thereafter he states that, he was arrested in connection with another case and pursuant to that, he was incarcerated in the Central Jail, Lokhra since 2019. 3. The learned counsel for the petitioner, submits that the production warrant issued against the petitioner could not be executed neither any report was sent to the court at Tezpur. He further submits that, a fresh production warrant was again issued thereafter, which also resulted in no report. He thereafter submits, that on 01.09.2025, a report was submitted with regard to the said production warrant, wherein it was stated that the petitioner was handed over to the police personnel for his production before the Hon’ble Session Judge, Kokrajhar in compliance with the order of the Special Judge, NIA, Assam, Guwahati. He also submits that the Session Judge FTC Sonitpur, Tezpur on getting the information had asked for a report from the Superintendent's Central Jail Kokrajhar, as to whether the petitioner is detained in the said jail. 4. In pursuants thereof, on 28-01-2026, an order was passed by the court at Sonitpur, stating that, a letter was received from the Superintendent of District Jail Kokrajhar, wherein, it was stated that, the petitioner who was detained in connection with the NIA case was released from jail on 17-07-2025, following due procedure. Since the petitioner was released, the court of Session Judge FTC Sonitpur, Tezpur had issued NBWA against the petitioner. 5. The learned counsel for the petitioner submits that, the petitioner had not Page No.# 3/3 received any arrest warrant at his place. He further submits that the petitioner would appear before the court of Session Judge FTC, Sonitpur, Tezpur, without fail on the next date. 6. Ms. S. H. Borah, the learned Addl. Public Prosecutor for the State of Assam, on the other hand submits that, NBWA was issued against the petitioner and the petitioner on knowing the same should have appeared before the court, but he has not appeared. 7. Upon consideration of the submissions made by the counsels, more so in view of the fact that, the counsel appearing for the petitioner has stated that, the petitioner would appear before the court of Additional Session Judge, FTC, Sonitpur, Tezpur, this court directs that the petitioner should appear before the said court without fail within a period of 15 days from the date of the order and thereafter, should appear before the court as and when called for without fail and is given the liberty to file an application, which will be considered as per law. However, if the petitioner does not appear before the court on the stipulated date, the orders issuing NBWA by the said court would be revived. Till he appears before the court, the said orders issuing NBWA by the court of Additional Session Judge FTC, Sonitpur, Tezpur should be kept in abeyance. 8. Petitioner is disposed off. JUDGE Comparing Assistant