Page No.# 1/3 GAHC010083772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./130/2025 FAIJUL HAQUE AND ANR S/O - AYUB ALI, R/O- VILLAGE - DAKHIN UDALI, P.O. - LACHIT PATHAR, P.S. - LANKA, DISTRICT - HOJAI (ASSAM), PIN - 782446. 2: MOTIBUR RAHMAN S/O - LATE ALIM UDDIN R/O- VILLAGE - DAKHIN UDALI P.O. - LACHIT PATHAR P.S. - LANKA DISTRICT - HOJAI (ASSAM) PIN - 782446 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:GULZAR HUSSAIN S/O - HARUN RASHID R/O- VILLAGE - 5 NO. DAKHIN UDALI P.O. - LACHIT PATHAR P.S. - LANKA DISTRICT - HOJAI (ASSAM) PIN - 782446 Advocate for the Petitioner : MR. D P BORAH, MR B PAUL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.04.2025 1. Heard Mr. D. P. Borah, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 17.02.2025, passed by the learned Additional District & Sessions Judge, Hojai, Sankardev Nagar in Case No. Sessions (1) 73(N) of 2017. 3. The informant Md. Gulzar Hussain filed an application before the Trial Court stating that on the basis of the evidence of the PW-5 and PW-6, cognizance should be taken against the two persons, namely, Nur Islam and Enamul Hoque. That petition was filed under Section 319 of the Cr.PC. 4. Before disposal of that petition, the Trial Court held that the PW-1 (Gulzar Hussain) was to be re-examined because his evidence appeared to be essential for disposal of the petition under Section 319 of the Cr.PC. 5. It may be stated that at the time of examination, the PW-1(Gulzar Hussain) had stated before the Court that in out of misunderstanding he has lodged the FIR against the accused persons. 6. In his cross-examination, he stated that he did not know about the contents of the FIR. 7. I have considered the submissions made by learned counsel for both the sides. Page No.# 3/3 8. This Court is of the opinion that while passing the order dated 17.02.2025, the learned Trial Court did not apply judicial mind. The Trial Court shall first dispose of the Petition No. 1753/2023 filed under Section 319 of the Cr.PC. Before disposal of the said petition, both parties shall be heard. 9. The impugned order dated 17.02.2025, is bad in law and, therefore, stands set aside. 10. With the aforesaid direction, the Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant