Page No.# 1/2 GAHC010086312026 2026:GAU-AS:6309 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./619/2026 SRI RAHUL DAHLAN SON OF SRI SAMBHU DAHLAN, DAHLAN CHOWK, P.O. AND P.S. SAHARSA, PIN- 852201, DISTRICT- SAHARSA, (BIHAR) VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR G JALAN, MS. D SARMA,I KUMARI,S FAZIL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.05.2026 1. Heard learned counsel Mr. G. Jalan for the petitioner Rahul Dahlan who has filed this application under Section 528 of the BNSS, 2023 with prayer for quashing the order dated 20.03.2026 whereby NBWA was issued against the petitioner by the learned Additional Sessions Judge No. 5, Kamrup (M) in Page No.# 2/2 Sessions Case No. 135/2025. 2. Heard learned Additional Public Prosecutor, Mr. D. P. Goswami for the respondent State. 3. It is submitted on behalf of the petitioner that the petitioner is booked in an offence under Sections 332(c)/351(3)/296/75(2)/78(2)/79/3(5) of the BNS, 2023 in Sessions Case No. 135/2025. 4. It is also submitted that Annexure-2 of the petition clearly reveals that through the orders dated 29.07.2025, 17.09.2025 and 03.02.2026 that the petitioner was appearing before the Trial Court but the record was untraceable since 27.11.2025 and the petitioner did not appear before the Trial Court as records were untraceable. 5. However, on 03.02.2026, the records could be traced out, on an off date and so the petitioner was not aware and on 20.03.2026, NBWA was issued against the petitioner. 6. The petitioner is willing to co-operate with the trial. 7. Considering the submissions at the Bar, this does not appear to be a case to invoke inherent jurisdiction under Section 528 of the BNSS, 2023. 8. However, for the interest of justice, the NBWA issued against the petitioner is kept in abeyance for 15 days and within 15 days, the petitioner is directed to appear before the learned Trial Court and co-operate with the trial. 9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant