ORDER

10.06.2022 Heard Mr. AL Haji Uddin, learned counsel for the petitioner. Also heard Ms.

S.H.Bora, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned orders dated 06.04.2022 and 18.05.2022, passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Barpeta, whereby NBWA has been issued against the petitioner in connection with Special POCSO Case No. 47/2020.

Mr. Uddin, learned counsel for the petitioner submits that on 06.04.2022, the case was fixed for appearance of the accused petitioners before the trial court but the petitioners did not appear before the court due to Covid 19 pandemic. However, the learned advocate of the petitioner filed application under Section 205 of the Code, seeking dispensation of the appearance of the petitioners but the same was rejected by the trial court and issued NBWA against the petitioners fixing the case on 18.05.2022. As already warrant of arrest was issued against the petitioner by earlier order dated 06.04.2022, he did not appear on 18.05.2022 with a view to approach before this Ho’ble Court for appropriate remedy.

Mr. Uddin, learned counsel for the petitioner further 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 kept in abeyance.

Ms. S.H.Bora, learned Additional Public Prosecutor, submits that in the backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below on a specified date, subject to conditions.

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 sides and on 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 her shall be kept in abeyance subject to the condition that if he fails to appear within the

th

specified period, on the 16 day, this order shall automatically come to an end.

With the above directions, the petition stands disposed of.

JUDGE Comparing Assistant