Page No.# 1/2 GAHC010092612026 2026:GAU-AS:7644 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./659/2026 MAYUR GOGOI S/O LAKHYAJYOTI GOGOI, R/O NO. 1 BORPATORIA GAON, P.O. DHEMAJI, P.S. AND DIST. DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR B DEORI, MR. B K GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.06.2026 1. Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, 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 Special (POCSO) Case No.14/2076, registered under Section 87 of the BNS, 2023 read with Section 6 of the POCSO Act, pending in the Court of the learned Special Judge, Dhemaji. 3. The petitioner, Mayur Gogoi has been charge-sheeted in the aforesaid case. After Page No.# 2/2 receipt of the Charge-sheet, the Trial Court directed issue of NBWA against the present petitioner. 4. After considering the submissions made by the learned counsel of both sides, this Court is of the opinion that the Trial Court has committed an error by directing an issuance of NBWA at the first instance before resorting to measures like issuing summons etc. 5. Therefore, the impugned order dated 17.03.2026 and subsequent orders directing issuance of NBWA against the present petitioner, Mayur Gogoi are set aside. 6. The petitioner, Mayur Gogoi is directed to appear before the Court of the learned Special Judge, Dhemaji in connection with Special (POCSO) Case No.14/2026 within a period of 7 (seven) days from today and on his appearance, he shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Dhemaji. 7. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant