Page No.# 1/3 GAHC010134392026 2026:GAU-AS:9384 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./958/2026 SHAMIM AHMED ALIAS SAMIM AHMED SON OF MASADDAR ALI RESIDENT OF VILLAGE UTTAR SARIFNAGAR, POLICE STATION KARIMGANJ DISTRICT SRIBHUMI ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ALI HUSSAIN SON OF LATE MOSTAKIM ALIRESIDENT OF VILLAGE SAIDPURPOLICE STATION KARIMGANJDISTRICT SRIBHUMI ASSA Advocate for the Petitioner : MR. DAIYAN HUSSAIN, MR. N AFRUZ,MR. R A CHOUDHURY,MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.06.2026 Heard Mr. D. Hussain, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Shamim Ahmed @ Samim Ahmed, has filed this application under Section 528 BNSS, 2023, with a prayer for setting aside and quashing the orders dated 16.07.2025 and subsequent orders issuing NBWA against the petitioner. 3. It is submitted that the petitioner did not evade appearance. He was absent on one day and a warrant was issued on 25.11.2025 against him. Thereafter, vide order dated 26.03.2026, a warrant was issued and an NBWA was also issued against him. 4. The petitioner is willing to appear before the trial court and cooperate with the trial. 5. I have considered the submissions at the Bar with circumspection. 6. It appears that this case may be decided without issuance of notice to respondent no.2. 7. The learned Additional Public Prosecutor has accepted notice on behalf of the respondent no.1 and thus, no further notice is required to be issued. 8. I have taken a pragmatic view. As the petitioner is willing to appear Page No.# 3/3 and cooperate with the trial, he may appear before the trial court. Thereby, the NBWA issued vide order 16.07.2025 and subsequent orders is kept in abeyance for 15(fifteen) days and within 15(fifteen) days, the petitioner is directed to appear before the learned trial court and cooperate with the trial. 9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant