Page No. 1/2 GAHC010163652025 2025:GAU-AS:9845 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./908/2025 POMPY HAZARIKA LOWANSHHI D/O LATE HUMEN HAZARIKA RESIDENT OF NHPC, BLOCK-9, HOUSE NO. 105, CISF UNIT, GERAMUKH, P.S. DHEMAJI, ASSAM PRESENTLY RESIDING AT HOUSE NO. 159, BAM HAKUTA, DULIAJAN, P.O. AND P.S. DULIAJAN, DIST. DIBRUGARH, ASSAM, PIN-786602. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:RAHUL LOWANSHI RESIDENT OF HOUSE NO. 81 SAWAN NAGAR HALAPUR BHOPAL P.S. KOHE FIZA MADHYA PRADESH PIN-462030 PRESENTLY RESIDING AT BE-203 KEH APARTMENTS KALYAN RAMAN STREET DARGARH ROAD P.S. PALLLAVARAM ZAMIN PALLAVARAM CHENNAI TAMILNADU PIN-600043 Advocate for the Petitioner : MR. A K GUPTA, MR. R S MISHRA Advocate for the Respondent : PP, ASSAM, Page No. 2/2 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 31.07.2025 Heard Mr. R.S. Mishra, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent, State of Assam. After hearing the learned counsel for the parties on the legality and validity of the impugned Order dated 02.04.2024 passed in PRC Case no. 41/2023 by the learned Chief Judicial Magistrate, Dhemaji [‘the Trial Court’, for short] and the Order dated 10.06.2025 passed in Criminal Revision no. 3/2024 by the learned Sessions Judge, Dhemaji which orders were passed on an application filed by the petitioner before the learned Trial Court under Section 302, CrPC, a copy of which is annexed as Annexure-A to this petition, at some length. Mr. Mishra, learned counsel for the petitioner has submitted that the petitioner would not pursue the matter under Section 302, CrPC and would like to seek leave before the learned Trial Court under the provision of Section 338, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023, which is pari materia to Section 301, CrPC. It is noticed that both the learned Trial Court and the revisional court have observed that the prosecution cannot be conducted by a party on mere ipse dixit of the party without assigning any reason. Without commenting further on the issue, this criminal petition is dismissed on withdrawal, as prayed for by the learned counsel for the petitioner. The petitioner is at liberty to submit an application before the learned Trial Court under Section 338, BNSS, 2023. It is observed that the learned Trial Court if such application is filed, shall decide on its own merits and in accordance with law. JUDGE Comparing Assistant