Page No.# 1/3 GAHC010105782026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./772/2026 NURJAMAL SHEIKH S/O BOJU SK ALIAS BUZRAT ALI, VILL. KAISARTARI P.O.- CHIRAKUTI P.S- FAKIRGAJ DIST- DHUBRI, ASSAM, PIN-783330 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:TARAMIYA S/O- SITAL SHEIKH ALIAS MUNCHI VILL. CHARALJHAR P.O.- KHALISARBHITA P.S.- LAKHIPUR DIST- GOALPARA ASSAM PIN- 783330. 3:RUBIYA BEWA D/O- TARAMIYA VILL. CHARALJHAR P.O.- KHALISARBHITA P.S.- LAKHIPUR DIST- GOALPARA ASSAM PIN-78333 Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MR SAIFUL ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 02.06.2026 1. Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 read with Article 227 of the Constitution of India for quashing the order dated 26.02.2026 and other subsequent date passed in PRC Case No. 1107/2019 (corresponding to Lakhipur PS Case No. 678/2018) U/S 341/366 and 370 of IPC by the leanred Judicial Magistrate 1st Class Goalpara. 3. The petitioner, Nurjamal Sheikh has been shown as absconder in the charge- sheet. Therefore, the trial Court directed to issue of summons to the petitioner. In response to the summons, he appeared before the Trial Court through his lawyer. But subsequently, the petitioner stopped appearing. Therefore, the Trial Court directed issue of bailable warrant of arrest against him. 4. Mr. Baruah, learned APP, Assam has objected to the petition on the ground that the petitioner had intentionally remained absent from the Trial Court. 5. I have considered the submissions made by the learned counsel for both sides. 6. The petitioner submits that now he is interested in facing the trial. 7. Since the petitioner is interested in facing the trial, this Court is of the Page No.# 3/3 opinion that the petitioner deserves to be given adequate opportunity to that effect. Therefore, his application is allowed. 8. Therefore, the orders directing issue of NBWA are set aside. 9. The petitioner, Nurjamal Sheikh is directed to appear before the Court of the learned Judicial Magistrate 1st Class, Goalpara in connection with PRC Case No. 1107/2019 within next 10 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 Judicial Magistrate 1st Class, Goalpara. The petitioner is directed to appear before the Court below regularly and if he fails to do so, the learned Court shall be at liberty to follow due process of law. 10. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant