Page No.# 1/3 GAHC010059272026 2026:GAU-AS:5838 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./431/2026 SAIFUL BARI ALIAS TUTA S/O LATE SOYAB ALI, R/O VILL. DIDARKSH PT III, P.S. KACHUDARAM, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:FORIZ UDDIN LASKAR ALIAS FOZIR UDDIN LASKAR SON OF LT. ROMAN ALI RESIDENT OF VILL- DIDARKUSH PT.III P.S. KACHUDARAM DIST. CACHAR ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. A K DAS,MR. MEHUL SHAH,MS. S. CHANDA,MR. F A HASSAN,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, MS. T PARASHAR, AMICUS CURIAE (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 28.04.2026 Heard Mr. S.C. Biswas, learned Senior Counsel for the petitioner and Ms T. Parashar, learned Amicus Curiae for the respondent no.2. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Saiful Bari @ Tuta, has filed this application under Section 528 of the BNSS, 2023 with a prayer for quashing and setting aside of the impugned orders dated 27.11.2025 and 19.02.2026, passed by the learned Additional Sessions Judge/ Special Judge POCSO, Cachar, Silchar, in Special Case (POCSO) No.52/2025. 3. It is submitted that without any report on service of the bailable warrant, the Court had erroneously issued a NBWA against the petitioner. 4. The petitioner is willing to cooperate with the trial. 5. I have considered the submissions at the Bar with circumspection. 6. It is also submitted that the informant is not willing to proceed with the case and the petitioner is willing to cooperate with the trial. 7. The petitioner is directed to appear before the Trial Court within 15 days and apply for bail, which may be considered by the learned Jurisdictional Court/ Trial Court in accordance with law. Page No.# 3/3 8. Till then, the NBWA issued against the petitioner shall remain in abeyance up to 15 days. 9. In terms of the above observations, this petition stands disposed of. JUDGE Comparing Assistant