Page No.# 1/2 GAHC010252052025 2025:GAU-AS:15494 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1408/2025 MD. MINHAJUDDIN S/O - HAJI TASADDAR ALI, R/O- - PAVIJURI, P/O- BURUNGA TALI BAZAR, P.S- MURAJHAR, DIST- HOJAI, ASSAM VERSUS MD. HELAL UDDIN S/O- LATE KAMAR UDDIN, R/O- PAVIJURI ,P/O- BURUNGA TALI BAZAR, P/S - MURAJHAR, DIST- HOJAI, ASSAM Advocate for the Petitioner : MR D SAIKIA, MR. P. KALITA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.11.2025 1. Heard Mr. D. Saikia, learned counsel for the petitioner. 2. This application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the Order dated 19.08.2025, passed by the learned Additional Chief Judicial Magistrate, Hojai in N.I. Case No.07/2022. 3. On 19.08.2025, the Trial Court found that the petitioner being the plaintiff of Page No.# 2/2 N.I. Case No.07/2022 remained absent on 6(six) dates without taking steps. Therefore, the Trial Court dismissed the case on account of non-prosecution 4. Today the learned counsel for the petitioner submits that the petitioner resides outside India and therefore he had to suffer prejudice. 5. I have considered the submissions made by learned counsel for both the petitioner and also considered the circumstances of the case. 6. Since the petitioner wants to prosecute the case, one single opportunity deserves to be given to the petitioner. 7. Therefore, the impugned Order dated 19.08.2025 passed in N.I. Case No.07/2022, passed by the learned Additional Chief Judicial Magistrate, Hojai stands set aside. 8. The petitioner is directed to appear before the Trial Court on 14.12.2025 to prosecute the case, if he fails to appear, the Trial Court shall have the liberty to act accordingly. 9. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant