Page No.# 1/2 GAHC010050962026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./358/2026 FULCHAN ALI SK S/O LATE FALU SK. R/O VILL- MAJERCHAR RIVER BLOCK 10, P.S. AND DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. D ZAKARIA,MS. N.A. BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 13.03.2026 Heard Mr. S. Munir, learned counsel appearing for the petitioner. Also heard Mr. P S Lahkar, learned Additional Public Prosecutor, Assam. By this application filed under Section 528 of the BNSS, 2023 the petitioner, namely, Fulchan Ali Sk, has challenged the order dated 06.02.2026 passed by the learned Special Judge (Additional), Dhubri in Special Case No. 521/2024 issuing NBWA against the present petitioner. Page No.# 2/2 The petitioner has been shown as an absconder in the charge sheet. Therefore, the Trial Court issued NBWA against the petitioner. I have considered the submissions made by the learned counsel for both sides. In the light of the materials available in the record, this Court is of the opinion that, at this stage, the petitioner should be given an opportunity to contest the trial as he is interested in facing the same. Therefore, the prayer of the petitioner is allowed. Hence, the order dated 06.02.2026 passed by the learned Special Judge (Additional), Dhubri in Special Case No. 521/2024 issuing NBWA against the present petitioner is set aside and quashed. The petitioner Fulchan Ali Sk is directed to appear before the learned Special Judge (Additional), Dhubri in connection with Special Case No. 521/2024 within 10 (ten) days from today. On his appearance, the learned Special Judge (Additional), Dhubri shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Trial Court. The petitioner is directed to appear before the learned Trial Court on each and every date of hearing and if he fails to do so, the Trial Court shall have the liberty to take steps for procuring his attendance in accordance with law. With the above, the criminal petition is disposed of. JUDGE Comparing Assistant