Page No.# 1/6 GAHC010171252025 2025:GAU-AS:11589 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./964/2025 DR. GANESH DAS S/O LATE DIJENDRA DAS, R/O MADHABDEVPUR, P.O.- ULUBARI, GUWAHATI-781007 VERSUS THE STATE OF ASSAM AND 13 ORS REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:RAM KRISHNA PRADHAN C-97 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 3:DR BIJOYA GOSWAMI A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 ALSO AT ARYA HOSPITAL MANIPURI BASTI PALTAN BAZAR GUWAHATI ASSAM 4:NILUTPAL DUTTA D-8 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP Page No.# 2/6 ASSAM-781031 5:BINODE CHETIA D-47 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 6:SMTI BINITA JALAN C-34 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 7:SHASHANKA MOHAN GOSWAMI C-19 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 8:RAMESH CHANDRA SARMA C-104 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 9:KISHNAKANTA OJHA B-2 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 10:BIREN GOGOI C-68 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP Page No.# 3/6 ASSAM-781031 11:DR BISHNUPADA CHOUDHURY B-8 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 ALSO AT ARYA HOSPITAL MANIPURI BASTI PALTAN BAZAR GUWAHATI ASSAM 12:DILIP SARKAR D-94 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 13:DR IMADUL HUSSAIN D-103 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 14:TAPANJYOTI DUTTA C-32 A-4 ARYA SMART LIVING HOUSING SOCIETY ABHOYPUR DIST- KAMRUP ASSAM-781031 ALSO AT ARYA HOSPITAL MANIPURI BASTI PALTAN BAZAR GUWAHATI ASSA Advocate for the Petitioner : MR A KAKOTI, J PEGU,MS S BORA Advocate for the Respondent : PP, ASSAM, Page No.# 4/6 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 29.08.2025. Heard Mr. A. Kakoti, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1. This is an application filed under Section 528 of BNSS praying for quashing and setting aside of the order dated 21.07.2025, passed in C.R. Case No.301/2025, by the Court of learned Judicial Magistrate First Class, Kamrup (M) at Guwahati. It is submitted by Mr. A. Kakoti, learned counsel for the petitioner that by the impugned order dated 21.07.2025, the learned Trial Court has fixed the matter on 10.12.2025, for hearing the accused under the provision to Section 223(1) of the BNSS, 2023. Thus the next date of listing is about five months from the order passed by the learned Trial Court dated 21.07.2025, which is discouraging and without assigning any reason and the matter has been fixed about five months later, without any justifiable ground. Accordingly, it is submitted by Mr. Kakoti, learned counsel for the petitioner that there are 13 numbers of accused persons and serving of notice to all of them would require sometime and if shorter dates have been fixed, then the issue of service of notice upon all the 13 numbers of the accused persons would have Page No.# 5/6 been effected by established laws/means. But fixing a date with a gap of about five months will delay the entire proceeding and for which, the present petition has been filed seeking quashing of the order dated 21.07.2025 and praying for preponement of the next date of hearing, reasonable shorter date and to pass any order/orders in that regard. Mr. B. Sarma, learned Additional Public Prosecutor, Assam submitted in this regard that the Kamrup (M) at Guwahati has the high rate of pendency in every Court and that may be the reason why the date is given after a gap of 4/5 months. Moreover, for service of notice upon the 13 accused persons will also take reasonable time. Mr. Sarma, accordingly submitted that there may not be preponement of the order. However, direction may be given to the learned Trial Court below to fix reasonable dates for completion of the trial within a short date. Hearing the submissions made by learned counsel for both sides and considering all aspects of the case, it is seen that the probable cause of giving longer date may be the high pendency of the case in the Court and it is also known that the Kamrup (M) District and some other districts of Assam have high rate of pendency and that may be the one of the reason for giving such longer date. But in the same time, it also cannot be denied that such a long date may also affect the disposal of the case and it may not be disposed within a reasonable period. Considering all these aspects of the case, without interfering the order dated 21.07.2025, the learned Trial Court below is hereby directed to consider the matter and to fix preferably a shorter date from next day onwards, so that the Page No.# 6/6 matter may be disposed of within a reasonable period of time. With the above observation, this criminal petition stands disposed of. JUDGE Comparing Assistant