Page No.# 1/2 GAHC010088362026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./672/2026 JAHIDUL ISLAM SON OF LATE ABDUL HEKIM RESIDENT OF VILL- BHOROLUWA, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. M BHUYAN,MS P DAS,MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.05.2026 Heard Ms. M Bhuyan, the learned counsel appearing for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 04.04.2026 passed by the learned Sessions Judge, Lakhimpur North Lakhimpur in Page No.# 2/2 Sessions Case No.24(NL)/2026 . 3. On 04.04.2026, the petitioner Jahidul Islam was absent in the court. One lawyer Asma begum filed an application on his behalf stating that he was absent due to ill health. The court held that Asma Begum was not the engaged lawyer and therefore, she had no authority to file petition on his behalf. On that ground the trial court issued NWBA against the present petitioner. 4. I have considered the submissions made by the learned counsel of both sides. 5. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that the order dated 04.04.2026 directing issue of NWBA against the present petitioner deserves to be set aside. The reason is that in criminal case no Vakalatnama is necessary to appear for an accused. 6. Accordingly, the order dated 04.04.2026 passed by the learned Sessions Judge, Lakhimpur North Lakhimpur in Sessions Case No.24(NL)/2026 is set aside. 7. It is hereby directed that the petitioner, namely Jahidul Islam is directed to appear before the trial court on 21.05.2026 for receiving further order (s). JUDGE Comparing Assistant