Page No.# 1/2 GAHC010052902026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./388/2026 ABDUL HOQUE S/O- AJGAR ALI. R/O- VILL.-HELONAPAM, P.S.- GABARDHANA, DIST.- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:KAMAL ROY S/O- NRIPEN ROY. R/O- VILL.- HATKHOLA P.S.- SALBARI DIST.- BAKSA ASSAM Advocate for the Petitioner : A W AMAN, A MISHRA,MS SURAYA RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.03.2026 Heard Mr. S Das, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 in respect of Sessions Case No.127/2022 pending in the Court of the learned Sessions Judge, Baksa. 3. The learned Court below allowed the petitioner Abdul Haque to be represented by his lawyer during the hearing of the case. On 17.02.2026, the said lawyer representing the present petitioner did not appear before the Court. Therefore, the Trial directed issue Non-Bailable Warrant of Arrest against the present petitioner. 4. Mr. Das submits that the petitioner is interested in facing the trial and therefore, the petitioner should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. The reason for absence of the petitioner has been explained before this Court today. 7. Therefore, the prayer of the petitioner is allowed. 8. Accordingly, the order dated 17.02.2026 passed by the learned Sessions Judge, Baksa in Sessions Case No.127/2022 is set aside. 9. The petitioner Abdul Haque shall continue to be represented by his lawyer Deneem Basumatary. 10. However, the Trial Court shall have the liberty to re-consider the matter relating to representation of the petitioner by his lawyer Deneem Basumatary. 11. The Non-Bailable Warrant of Arrest directed to be issued against the present petitioner shall also be recalled. 12. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant