Disposed¶19

Abdul Rashid Sheikh and 2 Ors. v. the State of Assam and Anr.

Gauhati HC16 Oct 2025Crl.Pet./1255/2025

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Pet./1255/2025; Abdul Rashid Sheikh & 2 Ors v. State of Assam & Anr; NBWA kept in abeyance; Section 528 BNSS 2023; Article 227 Constitution; appearance directed on 28.11.2025 before SDJM No.2 Kamrup(Metro) Guwahati; NBW orders dated 28.07.2022 challenged; order dated 17.10.2025; Shamima Jahan J.

What did the court decide?

NBWA kept in abeyance till 28.11.2025, conditional on the petitioners appearing before SDJM No.2, Kamrup(Metro), Guwahati on that date without fail ¶19

Why is it important?

Abdul Rashid Sheikh and 2 Ors. Vs the State of… — Writ and Judicial Review | Gauhati HC (2025)

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GAHC010221472025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./1255/2025

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ABDUL RASHID SHEIKH AND 2 ORS S/O ABDUL GAFUR VILL- CHOTO KOLIA PT. II, P.S. FAKIRGANJ DIST. DHUBRI, ASSAM

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2: ANOWARA B EGUM W/O ABDUL RASHID SHEIKH VILL- CHOTO KOLIA PT.II P.S. FAKIRGANJ DIST. DHUBRI ASSAM 3: ROBIAL ALI S/O ANOWAR ALI VILL- JHARNAR CHAR PT.I P.S. FAKIRGANJ DIST. DHUBRI ASSA VERSUS

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THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM

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2:ZEENAT KAUR W/O LATE ANAND SWARUP SINGH R/O FLAT NO. 403 (RC) MEGHMALLAR KALPAMALTI APARTMENT P.S. PALTAN BAZAR DIST.KAMRUP (M) ASSA

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Advocate for the Petitioner : MD. A HUSSAIN, MR. T ISLAM,MR. K ALOM

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Page No.# 2/2

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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17.10.2025

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1. Heard Mr. A. Hussain, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam.

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2. By this application filed under Section 528 of BNSS, 2023 read with Article 227 of the Constitution of India, the petitioners have challenged the orders dated 28.07.2022 as well as the subsequent orders by which NBWA was issued against the petitioners.

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3. Mr. Hussain, learned counsel for the petitioners has placed the order sheet of the instant case by which it is seen that summons were issued to the accused person on 27.09.2021 and thereafter, the petitioners appeared through the learned counsel on subsequent dates but on 28.07.2022 when the petitioners were absent without any steps NBWA was issued against him and thereafter, fresh NBWA were issued. The petitioners submits that they would appear before the trial court on the next date without any fail, as such it is directed that the petitioners should appear before the court of SDJM No.2, Kamrup(Metro), Guwahati on 28.11.2025 without fail and till then the NBWA will may be kept in abeyance.

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4. Petition is disposed of.

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JUDGE

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Comparing Assistant

Abdul Rashid Sheikh and 2 Ors. v. the State of Assam and Anr.

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Abdul Rashid Sheikh and 2 Ors. v. the State of Assam and Anr.

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