Page No.# 1/3 GAHC010087902026 2026:GAU-AS:6431 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./633/2026 MD MUKTAR ALI SON OF WAHAB ALI @ OHAB ALI RESIDENT OF KEOTKUCHI, P.O. KEOTKUCHI, P.S. BARPETA, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMT. KIRAN HAZARIKA W/O LT. BISHNU RAM HAZARIKA RESIDENT OF MODERTOLI (FOREST GATE ) P.S. DOBOKA DIST. HOJAI ASSA Advocate for the Petitioner : MR G CHAMUAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 1. Heard Mr. G. Chamuah, learned counsel for the petitioner. 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.302/2018, pending in the Court of the learned Sub-Divisional Judicial Magistrate (M), Hojai. 3. The petitioner was named in the Charge-Sheet alleging commission of offences under Section 419, 366 and 376 of the Indian Penal Code. Before filing of the Charge-Sheet, the petitioner allegedly went outside the state in search of work and, therefore, he did not have the knowledge about this case but, the Trial Court directed issue of NBWA as well as P&A against him. 4. Learned Additional Public Prosecutor has objected to this application by stating that the prayer of the petitioner need not be considered. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial he should be given adequate opportunity to that effect. Therefore, his application is allowed. 7. Therefore, all orders directing issue of NBWA as well as P&A against the petitioner Md. Muktar Ali in PRC Case No.302/2018, pending in the Court of the Page No.# 3/3 learned Sub-Divisional Judicial Magistrate (M), Hojai are set aside. 8. The petitioner Md. Muktar is directed to appear before the Trial Court at Hojai within a period of 15 (fifteen) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Hojai. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant