Page No.# 1/2 GAHC010069522025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./398/2025 NABAJIT SARMA S/O LATE PRASANNA LAL SARMA, R/O VILLAGE BAMUN BARADI, P.O BARADI, P.S BARPETA, DISTRICT BARPETA, ASSAM VERSUS PURABI DEKA D/O LATE HALADHAR DEKA, R/O HOUSE NO. 24, SANKAR PATH, P.O BAMUNIMAIDAN, P.S GEETANAGAR, DISTRICT- KAMRUP (M), ASSAM, PIN-781021 Advocate for the Petitioner : MR. A GOYAL, MR. A CHOUDHURY Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.05.2025 Heard Mr. A Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. A K Sharma, the learned counsel representing the sole respondent. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of Complaint Case No. 234C/2023 pending in the court of the learned Chief Judicial Magistrate, Page No.# 2/2 Kamrup (Metro), Guwahati. 3. On 12.12.2024, the learned court of Civil Judge (Jr. Division) No.3-cum-JMFC, Kamrup (Metro), Guwahati took cognizance of the offence under Section 498(A) of the Indian Penal Code. 4. Mr. Choudhury has submitted that after 01.07.2024, the Cr.P.C. as well as the Indian Penal Code no longer exist. The cognizance should have been taken under the relevant provisions of the BNSS, 2023. Therefore, the impugned order dated 12.12.2024 passed in Complaint Case No. 234C/2023 is set aside. 5. The learned court of Civil Judge (Jr. Division) No. 3-cum JMFC, Kamrup (Metro), Guwahati is directed to act according to the relevant provisions of BNS & BNSS, 2023. Before passing any order, both sides shall be heard. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant