Page No.# 1/3 GAHC010098342026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./698/2026 MD NEKIBUL HUSSAIN S/O MD. LAL HUSSAIN, RESIDENT OF VILLAGE PHUKANARHAT, PS PANIGAON, DIST LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:SMTI. NURESHA BEGUM W/O MD. AHMAD ALI RESIDENT OF VILLAGE SARAIMORIA MOUZA KAMALABARI PS PANIGAON DIST LAKHIMPUR ASSAM Advocate for the Petitioner : I AMIN, MR M H AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.05.2026 Heard Mr. I Amin, the learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Mr. K Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No.15/2020 pending in the court of the learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur. 3. The petitioner Md. Nekibul Hussain has been shown as an absconder in the charge sheet and therefore, the trial court issued NBWA against the petitioner. The petitioner states that he never received any summons from the trial court. 4. The petitioner further states that he is interested in facing the trial and therefore, he prays that he may be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to that effect. Therefore, his application is allowed. 7. It is hereby directed that all orders directing issuance of NBWA against the petitioner in PRC Case No.15/2020 passed by the learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur are set aside 8. It is further directed that the petitioner, namely, petitioner Md. Nekibul Hussain is directed to appear before the trial court in connection with PRC Case No.15/2020 within next 10 days from today. On his appearance, Md. Nekibul Hussain shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur. Page No.# 3/3 With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant