ORDER

23.08.2022 Heard Mr. M. J. Quadir, learned counsel for the petitioner. Also heard Ms.

respondent No. 1.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned orders, dated 10.05.2022, 18.06.2022 and 21.07.2022, passed by the learned Special Judge, Hailakandi, whereby NBWA has been issued against the petitioner in connection with Spl. (POCSO) Case No.

30/2022 u/s 341/354B/34 of the IPC read with Section 8 of the POCSO Act. Mr. M. J. Quadir, learned counsel for the petitioner, submits that after completion of investigation, the charge sheet, vide C.S. No. 408/2021, dated 20.11.2021, under Sections 341/354(A)/34 of the IPC read with Section 8 of the POCSO Act was submitted against the petitioner, showing him as absconder. However, the Investigating Officer never visited the house of the petitioner nor he received any summons in connection with the case. But, on 10.05.2022, on the basis of the charge-sheet, the learned Special Judge, Hailakandi issued NBWA against the accused petitioner, fixing 18.06.2022 for his appearance. On the other hand, due to the issuance of NBWA, the petitioner was unable to appear before the learned Trial Court on several dates and accordingly the learned Trial Court took coercive measures against him. Mr. Quadir further submits that the petitioner had some matrimonial disputes with his wife at the time of alleged incident, for which she had left for her maternal house and her mother lodged the instant FIR to harass the petitioner. Mr. Quadir also submits that issuance of NBWA by the learned trial Court at the very first day on the basis of the charge-sheet is illegal and arbitrary. Mr. Quadir, therefore, submits that an opportunity may be given to the petitioner for his appearance before the learned Court below and till his appearance, the execution of the NBWA issued against him may be directed to be kept in abeyance.

backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below on a specified date, subject to condition(s).

Be it mentioned here that within the ambit and scope of the power vested on this Court, under Section 482 Cr.P.C., the NBWA issued by the learned Court below cannot be recalled.

However, having considered the above submissions made by the learned counsel for both the sides and consideration of the averments made in the petition supported by the documents annexed thereto, it is provided that the petitioner shall appear before the learned Court below within 15 (fifteen) days from today and till his appearance, the execution of the NBWA issued against him shall be kept in abeyance subject to the condition that if he fails to appear th within the specified period, on and from the 16 day, this order shall automatically come to an end.

With the above directions, the petition stands disposed of.

JUDGE Comparing Assistant