Page No.# 1/2 GAHC010081702026 2026:GAU-AS:5950 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./590/2026 ABHIJIT BORA SON OF NAREN BORA R/O WARD NO. 10, PURBANCHAL PATH, GOLAGHAT TOWN, P.O. GOLAGHAT, P.S. GOLAGHAT, DIST. GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. M BHUYAN,MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 29-04-2026 Heard learned counsel Ms. P. Borah for the petitioner Abhijit Bora, who has filed this application under Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for setting aside the order dated 17.02.2025 and the subsequent orders, including the order dated 08.04.2026 passed by the learned Judicial Magistrate First Class, Golaghat, Page No.# 2/2 Assam, in P.R.C. No. 157/2023, issuing NBWA and P&A against the petitioner. The next date fixed for appearance is 02.06.2026. 2. Learned Additional Public Prosecutor Mr. B. Sarma has raised objection stating that the accused has criminal antecedent of a similar nature in connection with another case, registered as C.R. Case No. 37/2023. 3. I have considered the submissions at the bar with circumspection. 4. Learned counsel for the petitioner has submitted that the petitioner was under the bonafide belief that his engaged advocate has been taking necessary steps. He was not aware that NBWA and P&A have been issued against him. The last order was passed on 08.04.2026 in connection with P.R.C. Case No. 157/2023 under Sections 420/406 of the Indian Penal Code, 1860 relating to cheating for wrongful gain of Rs.6,50,000/- (Rupees Six Lacs and Fifty Thousand). 5. I have considered the submissions that the petitioner is wiling to appear before the learned Trial Court and cooperate with the trial. A pragmatic view is taken. To avoid further procrastination of the proceedings, the NBWA and P&A issued against the petitioner, is kept in abeyance for 15 (Fifteen) days and within 15 (Fifteen) days, the petitioner is directed to appear before the learned Trial Court and cooperate with the Trial. 6. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant