Page No.# 1/3 GAHC010027872026 2026:GAU-AS:2076 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./211/2026 TUSHAR TARPAN BHUYAN ALIAS RAJDIP BHUYAN S/O LATE LAKHI BHUYAN, R/O 48, ANANDA NAGAR, NEAR HOTEL ARYAN ATITHYA, SIX MILE, KHANAPARA, P.S. DISPUR, DIST. KAMRUP (M), PIN 781037 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. R A CHOUDHURY, MR S GAUTAM,MS N BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.02.2026 Heard Ms. N. Begum, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor for the State. 2. By this application filed under Section 528 of the BNSS, 2023, the petitioner has sought for quashing of the Order dated 04.10.2024, whereby the Page No.# 2/3 learned Court of Additional Chief Judicial Magistrate, Kamrup (M) issued NBWA against the petitioner. The petitioner has also challenged the subsequent orders passed by the learned Trial Court including the Order dated 27.06.2025, whereby an order of Proclamation and Attachment has been issued against the petitioner. 3. Ms. N. Begum, learned counsel for the petitioner submits that the petitioner has some health issues and has annexed the necessary certificates in the present petition and she also submits that there was mis-communication with the learned counsel appearing on behalf of the petitioner for which the petitioner could not appear before the respective dates. She has placed the Order dated 04.10.2024 and the subsequent orders, where the accused person was absent and because of which initially summons were issued and thereafter, NBWA and Proclamation and Attachment were issued against the petitioner. 4. Although the learned counsel for the petitioner does not challenge the legality of the said order, but gives an undertaking that the petitioner will appear on the next date without any fail and that the NBWA and Proclamation and Attachment may be kept in abeyance till the date of his appearance. 5. I have considered the submissions made by the learned counsels for the parties. 6. Since the petitioner is interested in facing the trial, he should be given an opportunity to that effect. As such, the orders directing the issue of NBWA as well as the Proclamation and Attachment orders issued against the petitioner in respect of G.R. Case No. 9295/2016 is kept in abeyance till the petitioner appears before the Trial Court. Further, the petitioner is directed to appear before the Trial Court on 19.02.2026 without fail, and on appearance, the Trial Page No.# 3/3 Court would pass orders according to law. 7. Petition is disposed of. JUDGE Comparing Assistant