Page No.# 1/3 GAHC010104742025 2025:GAU-AS:6527 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./182/2025 SMT. PUKHRAJ DEVI DUGAR AND 2 ORS. W/O- KAMAL SINGH DUGAR. 2: CHANDNI DUGAR D/O KAMAL SINGH DUGAR. 3: PRIYANKA DUGAR D/O KAMAL SINGH DUGAR ALL ARE R/O. FLAT NO. 2A INLAND TOWER A.T. ROAD BHARALUMUKH PIN 781009 KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM. 2:MOHABAL CHORARIA C/O NAVARATAN CHORARIA (JAIN) R/O KEDAR ROAD M.B. BUILDING P.S. BHARALUMUKH PIN 781009 KAMRUP (M) ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. A K BHUYAN, P BHOWMICK,N.R. SHARMA,MR A SHARMA,MR J DAS,MR A TALUKDAR,MR. A KHOUND,MS B BORA,MS. N CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 23.05.2025 1. Heard Mr. A. K. Bhuyan, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 08.05.2025, passed in Transfer Misc. Case No.09/2025, arising out of Sessions Case No.204/2024, pending in the Court of learned Additional District and Sessions Judge No.5, Kamrup(Metro), Guwahati. 3. The petitioners have been facing trial before the Court below. 4. On 04.10.2024, was the date for hearing of the parties for framing of charge. On that date, the petitioners have filed another application and the same was rejected. 5. Learned Additional Public Prosecutor submits that the charges were not heard but the Trial Court framed the charges. The petitioners aggrieved by the aforesaid order. 6. According to the petitioners, they would not get proper justice in the said Court of learned Additional Sessions Judge No.5, Kamrup(Metro), Guwahati. Page No.# 3/3 7. Therefore, they filed an application before the learned Additional Sessions Judge No.5, Kamrup(Metro), Guwahati and their prayer also rejected by the learned Sessions Judge. 8. I have considered the submissions made by learned counsel for both the sides. 9. Maintaining faith in our judicial system is the foundation on which our Courts administer justice to the person, if one person loses his faith upon the Court, that Court should not try the said Case. Since the petitioners have lost faith in the Trial Court, therefore the case should be tried by any other Court. 10. For the aforesaid reasons, orders passed by the learned Sessions Judge is set aside. 11. The learned Sessions Judge is directed to transfer the case of Sessions Case No.204/2024, pending in the Court of the learned Additional Sessions Judge No.5, Kamrup(Metro), Guwahati to any other Court having the same jurisdiction. 12. With the aforesaid direction, the Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant