Crl.Pet. 7/2008 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. SA Ahmed, learned counsel for the petitioner and Mr. B. Sinha, learned PP, Assam. By this application filed under Section 482 Cr.P.C. read with Section 438 Cr.P.C . the petitioner has challenged the order of issuance of NBWA and P/A against h im in GR Case No. 170/98. The order of issuance of P/A was passed on 6.11.06 and subsequent dates. Order dated 6.11.06 discloses that the warrant of arrest was returned unserved so NBWA was issued against the petitioner along with notice to the bailer. The learned trial court completely misconstrued the provision of Section 82 Cr.P .C.and without following the due procedure of law and mechanically the NBWA was issued against the petitioner. The petitioner submits that for certain compell ing circumstances, he could not appear during the period and now he desires to a ppear before the court. In view of the above discussion, the order of issuing NBWA and P/A stands quashe d and the petitioner may surrender before the learned trial court on the next da te fixed and on such appearance the petitioner may apply for allowing to go on p revious bail or may apply for fresh bail and the learned trial court on making s uch an application shall consider the natural ground for none appearance for the se period and pass appropriate order in accordance with law. Since the case is of 1998, the learned trial court shall make an endeavour to di spose of the same as early as possible. With the above observation, this criminal petition stands disposed of.