Page No.# 1/3 GAHC010089432026 2026:GAU-AS:6427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./626/2026 KALPANA BORA AND ANR W/O LT. PABITRA KR BORA 2: JYOTISHMAN BORA S/O LT. PABITRA KR BORA BOTH ARE R/O KODOMONI GAON OPP. BISHOP HOUSE BESIDES RAILWAY LINE P.O. DIBRUGARH P.S. DIBRUGARH DIST. DIBRUGARH ASSAM PIN 78600 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. J ABBAS, SK ABDULLAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 1. Heard Mr. J. Abbas, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.1994/2019, pending in the Court of the learned Judicial Magistrate First Class, Dibrugarh. 3. For a long time, since the year 2022, the petitioners were not present before the Trial Court and, therefore, NBWA was directed to be issued against them. 4. The petitioners have submitted that because of Covid-19, the Courts were not properly functioning and, therefore, they could not appear before the Trial Court. Thereafter, they did not have the knowledge of the dates of the case. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that since the petitioners are interested in facing the trial they should be given adequate opportunity to that effect. Therefore, their application is allowed. 7. All orders directing issue of NBWA against the petitioners Kalpana Bora and Jyotishman Bora, in respect of PRC Case No.1994/2019, pending in the Court of the learned Judicial Magistrate First Class, Dibrugarh are set aside. Page No.# 3/3 8. Both the petitioners are directed to appear before the Court of the learned Judicial Magistrate First Class, Dibrugarh in PRC Case No.1994/2019 on 25.05.2026 and on their appearance, they shall be released on bail of Rs.20,000/- each with sureties of like amount to the satisfaction of the learned Judicial Magistrate First Class, Dibrugarh. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant