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2026 DAILYLAW 5419 (GAU)

KARABI DAS AND ANR v. THE STATE OF ASSAM AND ANR

Crl.Pet./613/2026 · 2026-05-05

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/2 GAHC010085792026 2026:GAU-AS:6154 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./613/2026 KARABI DAS AND ANR WIFE OF PREM DAS R/O- MAGURMARI, DASPARA, FAKIRAGRAM, KOKRAJHAR, ASSAM 2: PREM DAS SON OF GYAN KR DAS R/O- MAGURMARI DASPARA FAKIRAGRAM KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:AHAD ALI AHMED (SECRETARY OF DHUBRI TARANI SANGHA) S/O- LATE KACHIM ALI R/O- VILL- MADHUSOULMARI PT. II P.O.- MADHUSOULMARI P.S.- GAURIPUR DISTRICT- DHUBRI ASSA Advocate for the Petitioner : MR. M A MONDAL, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 06-05-2026 Heard learned counsel Mr. M.A. Mondal for the petitioners, 1. Karabi Das and 2. Prem Das, who have filed this application under Section 528 of the Page No.# 2/2 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) read with Sections 438 and 442 of the BNSS with prayer to set aside and quash the impugned order dated 12.08.2025 in connection with CR Case No. 226/2022 pending before the learned Court of Additional Chief Judicial Magistrate, Dhubri, Assam. 2. It is submitted by the learned counsel for the petitioners that the petitioners have defaulted appearance on three dates. NBWA was issued against the petitioners on 23.02.2026. The petitioners are willing to cooperate with the trial 3. Heard learned Additional Public Prosecutor Mr. B. Sarma for the respondent State. 4. I have taken a pragmatic view. 5. Considering the submissions at the bar, the NBWA is kept in abeyance for 15 (Fifteen) days and within 15 (Fifteen) days, the petitioners are directed to appear before the learned Trial Court and cooperate with the trial. 6. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant