Disposed¶25

Rafikul Islam and 6 Ors. v. the State of Assam

Gauhati HC10 Jun 2026Crl.Pet./580/2026

Case brief

AI extract

What is this about?

Gauhati High Court, Crl.Pet./580/2026, decided 11.06.2026 by Mrs. Justice Shamima Jahan. Quashing of Non-Bailable Warrant (NBWA) sought under Section 528 BNSS; NBWA issued by SDJM (S), Nagaon on account of petitioners' absence without steps (shown as absconders in charge sheet dated 31.03.2024; absence on 15.12.2025 and subsequent dates). Disposed of with conditional appearance direction dated 18.06.2026, NBWA in abeyance, subject to revival on default. Keywords: NBWA abeyance, revival clause, Section 528 BNSS, absconder, appearance undertaking, Gauhati High Court.

What did the court decide?

Petition disposed of with directions to the petitioners to appear before the Court of Sub Divisional Judicial Magistrate (S), Nagaon on 18.06.2026, NBWA kept in abeyance till then and reviving automatically if they fail to appear. ¶25

Rafikul Islam and 6 Ors. Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Page No.# 1/4

GAHC010078022026

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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./580/2026

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RAFIKUL ISLAM AND 6 ORS.

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SON OF HARUN RASID, RESIDENT OF CHATIAN, NEAR JAME MASJID, P.O. TINSUKIA JURIA, RUPAHI, IN THE DISTRICT OF NAGAON, ASSAM, PIN 782124.

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2: ABDUL KADER SON OF GIAS UDDIN RESIDENT OF CHATIAN NEAR JAME MASJID P.O. TINSUKIA JURIA RUPAHI IN THE DISTRICT OF NAGAON ASSAM PIN 782124.

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3: NAJIM UDDIN SON OF NURUDDIN MOULANA RESIDENT OF CHATIAN NEAR JUKATI BAZAR P.O. TINSUKIA JURIA RUPAHI IN THE DISTRICT OF NAGAON ASSAM PIN 782124 4: JIYA UDDIN SON OF NURUDDIN MOULANA RESIDENT OF CHATIAN NEAR JAME MASJID P.O. TINSUKIA JURIA RUPAHI IN THE DISTRICT OF NAGAON ASSAM PIN 782124.

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5: RIYAJ UDDIN SON OF NURUDDIN MOULANA RESIDENT OF CHATIAN NEAR JUKATI BAZAR P.O. TINSUKIA JURIA RUPAHI IN THE DISTRICT OF NAGAON ASSAM PIN 782124. 6: NURUL HUDA SON OF HARUN RASID RESIDENT OF CHATIAN NEAR JAME MASJID P.O. TINSUKIA JURIA RUPAHI IN THE DISTRICT OF NAGAON ASSAM PIN 782124. 7: SAMSUL HUDA SON OF HARUN RASID RESIDENT OF CHATIAN NEAR JAME MASJID P.O. TINSUKIA JURIA RUPAHI IN THE DISTRICT OF NAGAON ASSAM PIN 782124 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.

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Advocate for the Petitioner : MR. M R SODIAL, R ALI,MR. M H SAIKIA

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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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Date : 11.06.2026

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Heard Mr. M.H. Saikia, learned Counsel for the petitioners and Mr. B. Sharma, learned Additional Public Prosecutor for the State.

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By this application filed under Section 528 of the BNSS, the petitioners have prayed for setting aside and quashing of the order dated 07.01.2026 and the subsequent order passed by the learned Sub-Divisional Judicial Magistrate (S), Nagaon by which the Non-Bailable Warrant of Arrest was issued against the petitioners for their non-appearance. It is stated by the learned Counsel for the petitioners that the petitioners were shown as absconder in the charge sheet filed on 31.03.2024 and that thereafter, the petitioners remained absent before the Court but on 17.07.2025 as well as on subsequent dates, the petitioners had shown cause for their absence and filed applications. However, it is seen that the petitioners were absent without any steps again on 15.12.2025 and on subsequent dates.

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As such, NBWA was issued against them by the Court of Sub Divisional Judicial Magistrate (S), Nagaon. The petitioners, however, states that they will go and appear before the learned Court on the next date fixed.

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Accordingly, the petitioners are directed to appear before the Court of Sub Divisional Judicial Magistrate (S), Nagaon on 18.06.2026 without fail and till then the NBWA issued against the petitioners are kept in abeyance.

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However, if the petitioners does not appear on the said date, the orders of

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the Court issuing NBWA will revive.

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Petition is disposed of.

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JUDGE

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Comparing Assistant

Rafikul Islam and 6 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rafikul Islam and 6 Ors. v. the State of Assam

Case brief

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