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GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
NURUL HOQUE AND ANR – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


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

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