Page No.# 1/2 GAHC010097142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./178/2025 LAKHIMI GOGOI DEKA W/O LATE TANUJ JYOTI DEKA FLAT NO IA, BLOCK-1, PUSP ENCLAVE BHASKAR NAGAR, BYE LAND NO. 2, ZOO TINIALI GUWAHATI, ASSAM-781021 VERSUS PANKAJ SADHANI DHAR SON OF LIKESWAR SANDHANI DHAR R/O FLAT NO. 502, 5TH FLOOR, D BLOCK SPANISH GARDEN NEAR STATE ZOO, GUWAHATI ASSAM-781005 Advocate for the Petitioner : MR. R C SAIKIA, MS. K SAIKIA,R BHARALI,MS M M DAS Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.05.2025 Heard Mr. R.C. Saikia, the learned senior counsel assisted by Ms. R. Das, the Page No.# 2/2 learned counsel appearing for the petitioner. 2. This is an application under Section 438 of the BNSS, 2023 challenging the order dated 02.04.2025 passed by the learned Judicial Magistrate First Class, Kamrup(M), Guwahati in N.I. Case No.1882/2020. 3. The husband and the complainant filed the case against the sole respondent. After the death of the complainant, his wife was substituted in his place. 4. On 02.04.2025, the complainant was absent without steps. The respondent was also absent on that day. The complainant was absent on some other dates also. Therefore, considering the aforesaid fact, the trial court dismissed the complaint case. 5. Today, Mr. Saikia has pointed to Section 279 of the BNSS, 2023. 6. I have considered the submissions made by the learned counsel Mr. Saikia. 7. Before dismissing the complaint case for non-appearance of the complainant, Notice should have been issued to the complainant giving him 30 days’ time to reply. That procedure has not been followed. Therefore, the aforementioned impugned order is bad in law and stands set aside. 8. The matter is remanded to the trial court of Judicial Magistrate First Class, Kamrup (M), Guwahati. The trial court shall comply with the procedure as laid down under Section 279 of the BNSS, 2023. With the aforesaid direction, the Criminal Revision Petition is disposed of at the Motion stage. JUDGE Comparing Assistant