Page No.# 1/3 GAHC010120622025 2025:GAU-AS:7378 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./654/2025 TRISHNA DEKA W/O LATE JYOTISH DEKA R/O 103, 1ST FLOOR, PRAFULLA ENCLAVE, SURVEY BELTOLA, DIST. KAMRUP (M), PIN-781028. VERSUS THE STATE OF ASSAM AND ANR ANR REP BY THE PP, ASSAM 2:SRI NIRMALJYOTI CHAKRAVORTY S/O LATE NARESH CH. CHAKRAVORTY R/O HOUSE NO. 15 TARUN NAGAR BYE LANE NO. 1 GUWAHATI-781005. DIST. KAMRUP (M) Advocate for the Petitioner : MR. S BORTHAKUR, MR. Z H BORA,MS. S KAKATI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.06.2025 1. Heard Mr. Saurav Borthakur, learned counsel for the petitioner. Also heard Mr. K. K. Das, 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 in respect of CR Case No.1852c/2016, pending in the Court of learned Judicial Magistrate, 1st Class, Kamrup(M), Guwahati. 3. The petitioner is an accused in the Trial Court, on the date fixed for defense evidence, the petitioner could not appear before the Trial Court, therefore Trial Court closed hearing of defense witnesses. The Case was posted for argument tomorrow. 4. After hearing learned counsel for both the sides, this Court is of the opinion that the petitioner deserves to be given one opportunity defend herself before the Trial Court. 5. Therefore, the impugned orders dated 14.05.2024 and 02.04.2025 passed by the learned Judicial Magistrate, 1st Class, Kamrup(M), Guwahati in CR Case No.1852c/2016 are set aside. 6. The Trial Court is directed to give adequate opportunity to the petitioner to Page No.# 3/3 adduce different evidence and after hearing the defense evidence, the Trial Court shall proceed to dispose of the case. 7. The Criminal Petition stands disposed of. JUDGE Comparing Assistant