Page No.# 1/4 GAHC010113212025 2025:GAU-AS:7189 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./203/2025 ANJAN SAHU S/O- BUDHRAM SAHU. R/O- VILL.- BURAGAON, MOUZA-KAKI, P.O.- JURAPUKHURI, P.S.- LANKA, DIST.- HOJAI, ASSAM, PIN-782442. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE LD, PP, ASSAM. 2:SRI. BISHNU PRASAD SAHU S/O- BUDHARAM SAHU R/O- VILL.- BURAGAON P.S.-LANKA DIST.- HOJAI ASSAM PIN-782442. 3:SOMABAISAHU W/O- LATE SUNAU SAHU. R/O- VILL.- BURAGAON MOUZA- KAKI P.O- JURAPUKHURI P.S.- LANKA DIST.- HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR A K AZAD, P ADHIKARI Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 02.06.2025 1. Heard Mr. A. K. Azad learned counsel for the petitioner Anjan Sahu who has filed this application under Section 438/442 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 25.04.2025 passed by the learned Trial Court closing evidence of the DWs and issuing NBWA against the petitioner. 2. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State who has raised objection stating that the petitioner has been procrastinating this case and has procured 35 adjournments for the last 4 years hindering culmination of trial. The petitioner is not entitled to any relief as he has preferred earlier revision petitions for adducing his evidence despite the fact that the evidence of the defense was closed by the Trial Court. 3. Per contra, the learned counsel for the petitioner has submitted that this is the first time that the petitioner has come against the order dated 25.04.2025 and no earlier revision petitions have been filed debarring the petitioner from preferring revision against the order dated 25.04.2025 passed by the Additional Sessions Judge in connection with Sessions Case No. (1)/05/2018. It is submitted that earlier the petitioner was accorded an opportunity to adduce defense evidence but he has taken adjournments, but unfortunately on 25.04.2025, when the petitioner was accorded a last opportunity to adduce Page No.# 3/4 evidence by this Court in connection with Crl.Rev. Petition No. 36/2024 which was preferred against the order dated 01.08.2024, the petitioner fell from his chair and sustained head injuries. 4. The petitioner has submitted photo copies of the documents of undergoing treatment of brain hemorrhage and hemorrhagic shock in Sri Ramachandra Medical Centre at Chennai. The petitioner has also produced the originals for perusal and to substantiate the photo copies along with petition marked as Annexure-10 series. 5. It is further submitted that this Court has wide jurisdiction under 528 of the BNSS as well. The petitioner will be highly prejudiced if he is not allowed to adduce evidence in his defense. It is further submitted that the petitioner was undergoing treatment in Sri Ramachandra Medical Centre continuously since 27.10.2024 up to 24.04.2025. 6. I have scrutinized the originals along with the photo copies of the documents. 7. I find force in the argument of the leaned counsel for the petitioner. It appears that a last opportunity may be granted to the petitioner to adduce defense evidence. 8. The petitioner is directed to appear before the learned Trial Court positively on the next date fixed and adduce his evidence and on the same date itself. The NBWA issued against the petitioner is kept in abeyance till the next date fixed. 9. No further adjournments will be granted to the petitioner. 10. In terms of the above observation, this petition stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant