Page No.# 1/2 GAHC010086952025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./470/2025 SRI GAGAN KALITA S/O-LATE SUREN KALITA,R/O-TOWN MANGALDAI,WARD NO.5, (L AND B ROAD),P.O AND P.S-MANGALDAI,DIST-DARANG-784125 VERSUS SRI BINAY KALITA S/O-LATE MAHADEV KALITA, VILL-BAR SADERI,P.O-BHOTANTA SADERI,P.S- PATACHARKUCHI,DIST-BARPETA ASSAM-781325 Advocate for the Petitioner : G BORO, MR D J HALOI,MR. S A HUSSAIN Advocate for the Respondent : , Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.05.2025 Heard Mr. D. J. Haloi, learned counsel for the petitioner. This application has been filed under Section 528 of the BNSS, 2023 in respect of NI Case No. 29/2019 pending in the court of the learned SDJM (M), Bajali, Pathsala. The petitioner is the accused in the aforesaid case before the trial court. On 08.04.2025, he filed an application before the trial court stating that his engaged counsel unable to appear due to medical problems and prayed for adjournments. But the trial court refused to accept the said application on the ground that petitioner has already taken several adjournments for the purpose of cross-examination of the PW-2. I have considered the submissions made by the learned counsel for the petitioner. This court is of the opinion that for fair trial of his case, the petitioner should be given one opportunity to cross-examine the PW-2 and other witnesses, which might be examined by the complainant of the case. Therefore, the impugned order dated 08.04.2025 passed by the learned SDJM (M), Bajali, Pathsala in NI Case No. 29/2019 is set aside. The trial court is directed to provide one opportunity to the present petitioner to cross- examine the PW-2 and other witnesses, which might be examined by the complainant. Thereafter, the trial court shall proceed to dispose of the case in accordance with law. The criminal petition is disposed of. JUDGE Comparing Assistant