Page No.# 1/3 GAHC010139302026 2026:GAU-AS:9738 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1002/2026 SAHIL ALI AHMED SON OF MD SADRUD ALI PERMANENT RESIDENT OF SOUTH AMOLAPATTY NEAR PNB BANK PO AND PS DIBRUGARH DISTRICT OF DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, THE STATE OF ASSAM 2:SRI RIKHESWAR GOGOI SON OF SRI HORUDHANI GOGOI RESIDENT OF 1 NO. NACHONI GAON PO NACHONI PS TINGKONG DISTRICT DIBRUGARH ASSA Advocate for the Petitioner : MR. P BORAH, MRS K M SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 16.07.2026 1. Heard learned counsel Mr. P. Bora for the petitioner Sahil Ali Ahmed who has filed this application under Section 528 read with Section 442 of the BNSS, 2023 Page No.# 2/3 with prayer for quashing the impugned order dated 03.06.2026 in connection with N.I. Case No. 207/2025. 2. Vide this order, the Trial Court had issued NBWA against the petitioner. It is submitted that the petitioner is willing to co-operate with the trial. It is submitted that the petitioner is willing to settle the dispute and to pay the compensation amount. 3. Learned Additional Public Prosecutor Mr. R. J. Baruah is present for respondent No. 1 and has accepted notice on behalf of the respondent No. 1. Thus no formal notice is required to be issued. Learned Additional Public Prosecutor has raised serious objection against the prayer to set aside the impugned order dated 03.06.2026 in NI Case No. 207/2025. 4. It is submitted that the conduct of the petitioner reflects that the petitioner is evasive in nature. He has failed to appear before the Trial Court even after he was directed by this Court vide order dated 13.03.2026 in connection with Crl.Pet. No. 355/2026 to appear before the Trial Court and co-operate with the trial. 5. The order impugned by the petitioner suffers from no infirmity to be set aside and quashed. 6. I have considered the submissions at the Bar with circumspection. 7. It appears that this case is not required to be procrastinated any further. The petitioner is willing to co-operate with the trial. He is also willing to settle the dispute amicably. 8. Thereby, this Court deems it appropriate to direct the petitioner to appear before the Trial Court and co-operate with the trial. The NBWA issued against the petitioner is kept in abeyance for 15 days and within these 15 days, the Page No.# 3/3 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 1 Comparing Assistant