Page No.# 1/2 GAHC010174552025 2025:GAU-AS:10388 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./950/2025 AKBAR HUSSAIN SON OF ABDUL JABBAR R/O VILL- ALGAPUR PART-V, P.O. MOHANPUR, P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 07.08.2025 Heard Mr. R.A. Mazumder, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent, State of Assam. 2. The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 has been preferred seeking a direction to the Trial Court to allow the petitioner Page No.# 2/2 to go on bail in order to face the proceedings of P.R. Case no. 3572/2024. 3. Upon perusal of the materials on record, it is noticed that in connection with Katigorah Police Station Case no. 380/2012, the concerned Investigating Officer [I.O.] of the case submitted a charge-sheet before the Court of learned Chief Judicial Magistrate, Cachar at Silchar. In the charge-sheet, the I.O. stated that there are prima facie materials against the petitioner for commission of the offence under Section 304B, Indian Penal Code [IPC]. On submission of the charge-sheet, learned Chief Judicial Magistrate transferred the case records to the Court of Civil Judge, Junior Division no. 5 –cum- Judicial Magistrate, First Class, Cachar at Silchar [‘the Trial Court’] for disposal. On receipt of the case records by the Trial Court, the case has been registered as Police Report Case [PRC] no. 3572/2024. On 29.11.2024, the Trial Court upon taking cognizance of the offence under Section 304A, IPC, issued summons to the petitioner for his appearance on 10.01.2025. On subsequent dates, 10.01.2025, 28.02.2025, 19.04.2025 and 30.05.2025, the Trial Court finding that the summons issued against the petitioner had not returned, ordered issuance of fresh summons. On 03.07.2025, an application was filed on behalf of the petitioner by his engaged learned counsel seeking adjournment. The Trial Court allowed the said prayer for adjournment fixing the next date on 07.08.2025 for appearance of the petitioner. 4. Having regard to the orders passed by the Trial Court on the afore-mentioned date, this court finds no cause of action for the petitioner to prefer the instant criminal petition. It is upon appearance of the petitioner before the Trial Court in response to the summons, the Trial Court is to exercise its jurisdiction to decide on any application, if any, submitted by the petitioner on its own merits and in accordance with law. Consequently, the criminal petition is dismissed. JUDGE Comparing Assistant