ORDER

Date : 28.06.2022 Heard Mr. N. H. Barbhuiya, 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 order, dated 07.04.2022, passed by the learned Special Judge, Cachar, Silchar, whereby NBWA has been issued against the petitioner in connection with Special (POCSO) Case No. 10/2021.

Mr. N. H. Barbhuiya, learned counsel for the petitioner submits that after investigation, the charge sheet, vide C.S. No. 07/2021, dated 23.02.2021, under Sections 417/376 of the IPC r/w Section 6 of the POCSO Act was submitted, showing the petitioner as absconder and, thereafter, after filing of the charge sheet, the learned Special Judge, Cachar, Silchar took cognizance of the offence and issued NBWA against the petitioner. Mr. N. H. Barbhuiya further submits that, while submitting the charge sheet, police impleaded the present petitioner as an accused, showing him as absconder and released the main FIR named accused Md. Panchan Mia from all the liabilities. Moreover, Mr. Barbhuiya submits that the petitioner had no knowledge about filing of the charge sheet and police never visited his house for his arrest. Mr. N. H. Barbhuiya, 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.

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 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 trial Court within 30 (thirty) days from today and till his appearance, the execution of NBWA issued against him shall be kept in abeyance subject to the condition that if he fails to appear within the specified period, on the

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31 day, this order shall automatically come to an end.

With the above directions, the petition stands disposed of.

JUDGE Comparing Assistant