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Sahil Ali Ahmed Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

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Gauhati HC
2026
Sahil Ali Ahmed Vs the State of Assam and Anr.Sahil Ali Ahmed v. the State of Assam and Anr.

Disposed¶¶31

Sahil Ali Ahmed v. the State of Assam and Anr.

Gauhati HC15 Jul 2026Crl.Pet./1002/2026

Case brief

AI extract

What is this about?

Crl.Pet./1002/2026, Gauhati High Court, decided 16.07.2026, Susmita Phukan Khaund, J. — Sahil Ali Ahmed v. The State of Assam & Anr. Petition under Sections 528 and 442 of the BNSS, 2023 seeking quashing of order dated 03.06.2026 in N.I. Case No. 207/2025 issuing NBWA against the petitioner. Court kept the NBWA in abeyance for 15 days and directed the petitioner to appear before the Trial Court and co-operate with the trial; petition disposed of without quashing. Prosecution objected, citing petitioner's failure to comply with earlier order dated 13.03.2026 in Crl.Pet. No. 355/2026 directing appearance; petitioner's counsel submitted willingness to settle the dispute and pay the compensation amount (no figure stated). Relevant for interim protection/suspension of non-bailable warrant (NBWA) in negotiable-instruments trials and quashing applications under S. 528 BNSS, 2023.

What did the court decide?

Interim relief only: NBWA issued against the petitioner kept in abeyance for 15 days, with direction to the petitioner to appear before the Trial Court within that period and co-operate with the trial; impugned order not quashed; petition disposed of.

Why is it important?

The Court directed the petitioner to appear before the Trial Court and co-operate with the trial, and kept the NBWA issued against him in abeyance for 15 days, within which period he was directed to appear before the Trial Court and co-operate with the trial; the impugned order was not quashed. ¶¶28

What the court decided

AI extract

Outcome

Interim relief only: NBWA issued against the petitioner kept in abeyance for 15 days, with direction to the petitioner to appear before the Trial Court within that period and co-operate with the trial; impugned order not quashed; petition disposed of.

Issue for consideration

Whether the impugned order dated 03.06.2026 in N.I. Case No. 207/2025, by which NBWA was issued against the petitioner, should be quashed and set aside

Court's answer

The Court directed the petitioner to appear before the Trial Court and co-operate with the trial, and kept the NBWA issued against him in abeyance for 15 days, within which period he was directed to appear before the Trial Court and co-operate with the trial; the impugned order was not quashed.

Ratio / Principle

Since the learned Additional Public Prosecutor accepted notice on behalf of respondent No. 1, no formal notice was required to be issued.

Detailed headnote1 paragraphs

Quashing petition under Sections 528 and 442 of the BNSS, 2023 against order dated 03.06.2026 in N.I. Case No. 207/2025, whereby the Trial Court had issued NBWA against the accused-petitioner — HELD: The Gauhati High Court (Susmita Phukan Khaund, J.) declined to set aside the impugned order. Noting that the petitioner expressed willingness to co-operate with the trial and to settle the dispute amicably, the Court deemed it appropriate to direct the petitioner to appear before the Trial Court and co-operate with the trial, keeping the NBWA in abeyance for 15 days within which he was to appear. As the learned Additional Public Prosecutor accepted notice for respondent No. 1, no formal notice was issued. Petition disposed of (order dated 16.07.2026).

A

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

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.

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.

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.

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.

The order impugned by the petitioner suffers from no infirmity to be set aside and quashed.

I have considered the submissions at the Bar with circumspection.

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.

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

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petitioner is directed to appear before the learned Trial Court and co-operate with the trial.

In terms of the above observation, this petition stands disposed of .

JUDGE

1

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the impugned order dated 03.06.2026 in N.I. Case No. 207/2025, by which NBWA was issued against the petitioner, should be quashed and set aside¶¶21
The court held
The Court directed the petitioner to appear before the Trial Court and co-operate with the trial, and kept the NBWA issued against him in abeyance for 15 days, within which period he was directed to appear before the Trial Court and co-operate with the trial; the impugned order was not quashed.ratio¶¶28

Statutes considered

2 provisions across 1 enactments

AI extract

BNSS, 2023Section 528¶¶19 Section 442¶¶19

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 03.06.2026 passed in N.I. Case No. 207/2025, by which the Trial Court issued NBWA against the petitioner; challenged in this quashing petition¶¶22
Trial Court · 03.06.2026
Prior proceeding
Underlying pending proceeding: N.I. Case No. 207/2025 before the Trial Court, in connection with which the impugned order was passed¶¶21
Prior proceeding
By order dated 13.03.2026 in Crl.Pet. No. 355/2026 this Court had directed the petitioner to appear before the Trial Court and co-operate with the trial; as submitted by the prosecution, the petitioner failed to appear¶¶24

Parties & counsel

AI extract

petitioner
Sahil Ali Ahmed¶¶6
P Borah, K M Saikia
respondent
The State of Assam¶¶10
PP, Assam, R. J. Baruah
respondent
Sri Rikheshwar Gogoi¶¶11

Coram

AI extract

Mrs. Justice Susmita Phukan Khaundauthor¶¶16

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 15 Jul 2026 · July
Registered: 14 Jul 2026
Case no.: Crl.Pet./1002/2026
CNR: GAHC010139302026
Bench: Susmita Phukan Khaund
Disposal: Disposed Of
Case type: Crl.Pet.

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Cite this judgement

Sahil Ali Ahmed v. the State of Assam and Anr., Crl.Pet./1002/2026 (GAU), decided on 15 July 2026.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

BNSS, 2023Section 528 · Section 442

View all statutes

Procedural history3

Order dated 03.06.2026 passed in N.I. Case No. 207/2025, by which the Trial Court issued NBWA against the petitioner; challenged in this quashing petitionTrial Court · 03.06.2026
Underlying pending proceeding: N.I. Case No. 207/2025 before the Trial Court, in connection with which the impugned order was passed
By order dated 13.03.2026 in Crl.Pet. No. 355/2026 this Court had directed the petitioner to appear before the Trial Court and co-operate with the trial; as submitted by the prosecution, the petitioner failed to appear

View full history

Bench / Coram

Mrs. Justice Susmita Phukan Khaund

Parties & counsel