Page No.# 1/3 GAHC010164482026 2026:GAU-AS:14595 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1105/2026 HANIF ALI ALIAS HANIF ALI SHEIKH S/O HAZRAT ALIVILL- HALDIBARI PART-II, P.S.- MERERCHAR, DIST.- BONGAIGAON, ASSAM, PIN- 783384 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M R LASKAR, R BARMAN,MR N SARMA,L HANGZO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.09.2026 Heard Mr. N. Sarma, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application filed under Section 528 of BNSS 2023, read with Section 482 of BNSS 2023, the petitioner has prayed for setting aside and quashing of Page No.# 2/3 the orders dated 04-11-2025 as well as 04-12-2025, along with the subsequent orders, by which the court of Sub Divisional Judicial Magistrate (M) North Salmara, in PRC Case No. 806/2022, had issued Non-bailable Warrant of arrest against the petitioner. 3. The learned counsel for the petitioner submits that, the petitioner was shown as an absconder in the Charge-sheet and the charge-sheet was submitted before the court. He further submits that, summons were issued against the petitioner, but the same was not received by the petitioner and that, the court on 04-11-2025 had issued NBWA against the petitioner. He submits that, the petitioner had not received any of the intimation given by the court and that he would appear before the Trial Court and face the trial. 4. Mr. Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam, on the other hand submits that, there is no infirmity in the orders of the court in issuing summons as well as Non-Bailable Warrant of Arrest. 5. Upon consideration of the submissions made by the counsels, more so in view of the pleadings made in the petition and the oral submission made by the counsel that the petitioner will appear before the court and face the trial, this court directs the petitioner to appear before the Trial Court within 10 days of the order passed today and thereafter, attend on the date fixed by the Trial Court and would appear before the court as and when call for without fail. 6. Till then, this court directs that the orders issuing Non-Bailable Warrant of Arrest be kept in abeyance. However, if the petitioner does not appear before the court within the stipulated time, the orders issuing Non-bailable Warrant of Page No.# 3/3 Arrest would get revived. 7. The petition is disposed of. JUDGE Comparing Assistant