Page No.# 1/3 GAHC010132312026 2026:GAU-AS:9385 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./962/2026 SRI ANUJ KUMAR BORAH SO SRI KAILASH BORAH, RO VILL NO 1 KALITA GAON, PS TEZPUR, DIST SONITPUR, ASSAM, PIN CODE 784001 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PP, ASSAM 2:RANJAN DUTTA SO BHUMIDHAR DUTTA RO RANGAPARA MG ROAD WARD NO 7 NEW PO AND PS TEZPUR DIST SONITPUR ASSA Advocate for the Petitioner : MR. P K SARMA, MS. P KAKATI,MS R SAHIN,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.06.2026 Heard Mr. P.K Sarma, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Anuj Kumar Borah, has filed this application under Section 528 BNSS, 2023, with a prayer to stay the operation of the execution of the NBWA and P&A issued against the petitioner initially vide order dated 06.06.2026 and thereby, subsequent orders in connection with PRC Case No.893/2025, pending before the learned Additional Chief Judicial Magistrate, Sonitpur at Tezpur, arising out of Tezpur P.S Case No.16/2025 u/s 420/406 IPC. 3. The learned Additional Public Prosecutor has accepted notice on behalf of the State of Assam and thus, no further notice is required to be issued. 4. This case may be disposed of without issuance of notice to respondent no.2. 5. The petitioner is willing to cooperate with the trial. 6. It is submitted that cognizance was taken on 31.10.2025 and without getting sufficient opportunity to appear, the P&A was issued against the petitioner. 7. It is further submitted that the petitioner is not responsible for evading appearance. Page No.# 3/3 8. I have considered the submissions at the Bar with circumspection. 9. I have considered the submission that the petitioner is willing to cooperate with the trial. 10. I have taken a pragmatic view. Further, any delay in appearance will procrastinate the case. Thereby, taking a pragmatic view, the petitioner is directed to appear before the trial court within 20(twenty) days and cooperate with the trial. 11. The NBWA and P&A issued against the petitioner is kept in abeyance for 20(twenty) days. 12. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant