A revision petition challenged NBWA orders issued by a trial court against an accused who claimed he never received summons. The court quashed those orders and directed the petitioner to appear within fifteen days, on bail of Rs.25,000/- with one surety.
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GAHC010043792026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./109/2026
SHAMIM AHMED ALIAS SAMIM HUJUR S/O NURUL HOQUE RESIDENT OF VILL- BHERBERI, P.S. JAMUNAMUKH, DIST. HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM
2:MISS. JOYSHNA BEGUM W/O RAJAB ALI VILL- SANTIPUKHURI (SIPAJHAR) DIST. DARRANG ASSAM PIN-78414
Advocate for the Petitioner : MD. A J ATIA, MS. F L MIZO,MS A H ATIA
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
13.03.2026
Heard Md. A J Atia, learned counsel appearing for the petitioner. Also heard Mr. K K Porasor, learned Additional Public Prosecutor, Assam.
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By this application filed under Sections 438/442 read with Section 528 of the BNSS, 2023 the petitioner, namely, Shamim Ahmed @ Samim Hujur, has challenged the order dated 24.03.2025 and succeeding orders till 17.12.2025 passed by the learned Judicial Magistrate 1st Class, Darrang, Mangaldai in PRC No. 881/2024.
The petitioner is an accused before the Trial Court. Due to fault of his appearance, the learned Trial Court issued NBWA against him for procuring his attendance.
The learned counsel for the petitioner has submitted that the petitioner did not receive the summon. Now, it is submitted that the petitioner is interested in facing the trial and, therefore, he may be given adequate opportunity to that effect.
I have considered the submissions made by the learned counsel for both sides.
Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner should be given an opportunity to contest the trial. Hence, the order dated 24.03.2025 and succeeding orders till 17.12.2025 passed by the learned Judicial Magistrate 1st Class, Darrang, Mangaldai in PRC No. 881/2024 issuing NBWA against the petitioner is set aside and quashed.
The petitioner Shamim Ahmed @ Samim Hujur is directed to appear before the learned Judicial Magistrate 1st Class, Darrang, Mangaldai in connection with PRC No. 881/2024 within 15 (fifteen) days from today. On his appearance, the learned Judicial Magistrate 1st Class, Darrang, Mangaldai shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Trial Court.
The petitioner is directed to appear before the learned Trial Court on each and every date of hearing and if he fails to do so, the Trial Court shall have the liberty to take steps for procuring his attendance by following the due process of law.
With the above, the criminal revision petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Should NBWA orders issued against an accused who claims non-receipt of summons be quashed so he can appear and face trial?
1 provisions across 1 enactments
Shamim Ahmed alias Samim Hujur
The State of Assam rep by the PP, Assam
Miss. Joyshna Begum
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
