Gauhati High Court

Santanu Borgohain v. State of Assam

2026:GAU-AS:9509 · Crl.Pet./973/2026

Decision date
2026-07-12
Text availability
Full text
Judges
S. Justice Susmita Phukan Khaund

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Judgment text

Page No.# 1/2 GAHC010138282026 2026:GAU-AS:9509 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./973/2026 SANTANU BORGOHAIN S/O KAMAL BORGOHAIN, R/O JOYSAGAR, JERENGA NAGAR, P.S. JOYSAGAR, DIST- SIVASAGAR, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, MR SARFRAZ NAWAZ,MS SURAYA RAHMAN,SAMIM RAHMAN,MD A RAHMAN,MR. A TARAFDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13.07.2026 Heard learned Counsel Mr. S. Nawaz for the petitioner Santanu Borgohain who has filed this application under Section 528 of the BNSS,2023 with prayer for quashing of the orders dated 20.03.2026 and subsequent orders issuing NBWA against the petitioner. Page No.# 2/2 2. Learned Additional Public Prosecutor Mr. D.P.Goswami for the State respondent is present. 3. It is submitted on behalf of the petitioner that the petitioner was absent on four dates and the impugned orders dated 20.03.2026, 29.04.2026 and 30.05.2026 were passed by the learned Additional Sessions Judge No.4 (FTC), Nagaon in connection with Sessions (T-2) Case No. 60 (N)/2014 . 4. I have considered the submissions at the Bar with circumspection. 5. The petitioner is willing to appear before the trial court and co-operate with the trial.

6. I have taken a pragmatic view. The case is at the fag end of the trial. The prosecution evidence is closed. Instead of protracting the case any further, it would be appropriate to speedily dispose of the case. Thereby, the NBWA issued against the petitioner is kept in abeyance for 15 days and within 15 days, the petitioner is directed to appear before the learned trial court and cooperate with the trial. 7. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant