Page No.# 1/2 GAHC010217222025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1194/2025 BARKAT ALI AND ANR S/O AJGAR ALI VILL DHUPDHARA PT I PO AND PS DHUPDHARA DIST GOALPARA ASSAM 2: AHMED ALI S/O AJGAR ALI VILL DHUPDHARA PT I PO AND PS DHUPDHARA DIST GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. D GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 30-10-2025 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State. This is an application under Section 528 of the BNSS, 2023 for setting aside and quashing the order dated 15.07.2025 passed by the learned Judicial Magistrate First Class, Page No.# 2/2 Goalpara in Dhupdhara P.S Case No. 21/2025. By the impugned order, the prayer for zimma of the seized mobile made by the petitioner was rejected. Report from the I/O has been received, wherein, it has been stated that the seized mobile phones have been sent to DFSL, Kahilipara, which are yet to be returned, hence the I/O is not in a position to hand over the custody of the said articles to the petitioner. It is stated that charge-sheet has already been submitted and the I/O has also not mentioned any objection to handing over the custody of the said articles to the petitioner. Accordingly, this petition is disposed of with the observation that as and when the items are received back from the DFDL, Kahilipara, the petitioner shall approach the learned Court below for zimma of the said articles and the same shall be considered as per law. A copy of the report may be kept as a part of the record. With the above observation and direction, the criminal petition stands disposed of. JUDGE Comparing Assistant