Page No.# 1/4 GAHC010222652025 2025:GAU-AS:13666 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1240/2025 MD AYUB ALI AND ANR SON OF SURAT ALI, VILLAGE- CHATIPUR, P.S DHALIGAON, DIST.- CHIRANG, BTC, ASSAM PIN - 783385 2: DELBAR ALI SON OF HANIF ALI VILLAGE- CHATIPUR P.S DHALIGAON DIST.- CHIRANG BTC ASSAM PIN -78338 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SARIFUL HOQUE CHOUDHURY SON OF LATE KAMARUDDIN CHOUDHURY VILLAGE- DOLAIGAON MAJPARA BONGAIGAON TOWN P.S AND DIST. BONGAON ASSAM PIN- 78338 Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH,MRS S RAHANA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 B E F O R E HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.10.2025 Heard Mr. A. M. Ahmed, learned counsel appearing for the petitioners. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor for the State. By this application, the petitioners have challenged the order dated 22.09.2025 passed by the Judicial Magistrate 1st Class, Bongaigaon, Assam in Petition Nos. 922/2025 and 926/2025 by which, the prayer for adjournment in connection with NICR Case No. 09/2021 was rejected on the ground that the petitioners have failed to place the copy of the Hon’ble High Court Order on a number of occasions and the same was not allowed any further. Mr. A. M. Ahmed, learned counsel appearing for the petitioners had submitted that on 22.09.2025, the petitioners had made an application before the learned Court of JMFC, Bongaigaon, Assam stating that the petitioners would not be able to appear before the Court as they had gone to cast their votes in the BTC election and has prayed that the matter may be taken up on a subsequent date. In the said application, it is also reflected that the petitioners were supposed to produce the documents. However, they prayed that they would place it on the subsequent day. The learned counsel had placed the Page No.# 3/4 document that was supposed to be placed before the learned Court of JMFC, Bongaigaon, Assam and the said document is an order of this Hon’ble High Court dated 24.07.2024 by which, it is seen that a criminal petition is filed against the order dated 05.04.2024 passed by the Hon’ble Session Judge, Bongaigaon, Assam in Criminal Revision Petition No. 8/2022 assailing the order dated 25.07.2022 passed by the said Court of JMFC, Bongaigaon, Assam. He as such, submitted that in spite of the application made, the learned Court had not considered the same and had rejected the adjournment petition and directed for proceeding with the case. Mr. B. Sharma, learned Addl. Public Prosecutor however, submits that the petitioners conduct had not been fair since the inception and that the same was only to delay the proceedings of the instant case. I have heard the counsels and have gone through the records. It is seen that the Petition Nos. 922/2025 and 926/2025 were filed on 22.09.2025 by the petitioners showing call of their absence and the prayer made to adjourn the case on the said day with the further prayer that they would place the relevant document i.e., the order passed by the Hon’ble High Court on a subsequent date. The petitioners have also stated that, on that day there was an ongoing BTC election and they were out of station to cast their vote in the said election. It is also noticed that the criminal petition filed against Page No.# 4/4 the order dated 05.04.2024 was heard by the Hon’ble High Court and notices were issued to the respondents. In view of the same, this Court therefore, directs that the findings of the learned Trial Court may be interfered with and that the order dated 22.09.2025 may be set aside for the ends of justice. As such, the Order dated 22.09.2025 by which adjournment was not allowed is quashed. Further, the learned Court of JMFC, Bongaigaon, Assam may give an opportunity to the petitioners to place the document relating to the criminal petition case wherein an order was passed on 24.07.2024 and may proceed with the case, in accordance with law. The petition is disposed of. JUDGE Comparing Assistant