Page No.# 1/2 GAHC010038462026 2026:GAU-AS:3300 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./279/2026 AKBAR ALI S/O SAMAD ALI VILL- NATUN KATHMI P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2026 1. Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Orders dated 13.05.2025 and 11.12.2025, passed by the learned Judicial Magistrate First Class No.2, Kamrup Amingaon in PRC Case No.500/2024 under Section 13(a) of the PCA Act. Page No.# 2/2 3. NBWA as well as P&A were directed to be issued against the petitioner. The petitioner submits that he wants to contest the case and, therefore, he should be given adequate opportunity to that effect. 4. I have considered the submissions made by the learned counsel for both sides. 5. Since the petitioner is interested in facing the trial, he should be given an adequate opportunity to that effect. Therefore, his application is allowed. 6. The Orders directing issue of NBWA as well as P&A against the present petitioner Akbar Ali are set aside. 7. The petitioner Akbar Ali is directed to appear before the Court of the learned Judicial Magistrate First Class No.2, Kamrup, Amingaon in respect of PRC Case No.500/2024, within a period of 7 (seven) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class No.2, Kamrup, Amingaon. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant