Page No.# 1/5 GAHC010286192018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./1/2019 SANDITA GUPTA W/O NILANJAN GUPTA, R/O CIVIL HOSPITAL QUARTER, SILCHAR HOSPITAL ROAD, PO SILCHAR, DIST. CACHAR, ASSAM, PIN-788005 VERSUS THE STATE OF ASSAM AND ANR. REP. BY PP, ASSAM 2:SAHRUL ISLAM MAZUMDAR S/O SHAFIQUE AHMED MAZUMDER R/O SONAI ROAD KANAKPUR PART 1 PO SILCHAR DIST. CACHAR ASSAM PIN-78800 Advocate for the Petitioner : MR. N S LASKAR, MR M J QUADIR,MR. K MIRA,MRS. S ISLAM,MR. R A CHOUDHURY,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR. N H BARBHUIYA (R2),MS N J BEGUM (R2) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 30.10.2025 Heard Mr. M. J. Quadir, learned counsel for the petitioner. Also heard Mr. N. H. Barbhuiya, learned counsel, appearing for the respondent. 2. The petitioner by way of instituting the present proceeding has assailed the Judgment dated 03.12.2018, passed by the Court of the learned Sessions Judge , Cachar, Silchar, in Criminal Revision No.39 of 2018. 3. The facts in brief requisite for adjudication of the present issue is notice as under ; The petitioner, herein, had instituted an application under Section 144 CrPC, before the learned Additional District Magistrate, Cachar, Silchar. The said matter was taken up for consideration on 09.02.2018, basing on a petition filed by the petitioner, herein. A perusal of the order dated 09.02.2018, passed by the District Development Commissioner-cum- Magistrate, Cachar, would reveal that the said order was passed without giving any opportunity to the respondent, herein, to place his stand in the matter, before the said authority. Being aggrieved the respondent, herein, assailed the order dated 09.02.2018, before the Court of the learned Sessions Judge, Cachar, by way of instituting a criminal revision petition being Criminal Revision No.39/2018. 4. The learned Sessions Court upon considering the materials coming on record held that the order dated 09.02.2018, to be not sustainable, inasmuch as, the same was passed without issuing any notice of the proceedings to the respondent, herein, and accordingly, proceeded to set aside the order dated 09.02.2018. Page No.# 3/5 5. Mr. M. J. Quadir, learned counsel for the petitioner, fairly submits that earlier in pursuance to the application filed by the petitioner, herein, in C. R. Case No.184(M)/2017, came to be registered before the Additional District Magistrate, Cachar, Silchar. The same was heard and the possession of the petitioner, herein, was confirmed. The respondent no.2, herein, assailed the said order before the learned Sessions Judge, Cachar, in Criminal Revision No.143/2017. The said criminal revision petition was disposed of by learned Sessions Judge, Cachar, vide order dated 06.12.2017, and accordingly, the matter came to be remanded to the Additional District Magistrate, Cachar. 6. Mr. M. J. Quadir, submits that on the matter being remanded to the Additional District Magistrate, Cachar, the records reveals that no notice was issued, fixing the date of fresh hearing in the matter to the respondent no.2, herein. He fairly submits that the order dated 09.02.2018, passed by the District Development Commissioner-cum-Magistrate, Cachar, would reveal that the respondent no.2, herein, was not heard before passing of the said order. Mr. M. J. Quadir, further submits that the learned Sessions Judge, Cachar, vide Judgment dated 03.12.2018, passed in Criminal Revision Petition No.39/2018, had noticed the fact that the order dated 09.02.2018 was passed without affording any opportunity of hearing to the respondent no.2, herein, and accordingly interfered with the said order. 7. In the above premises he submits that the Judgment dated 03.12.2018, impugned in the present proceedings passed by the learned Sessions Judge, Cachar, would not mandate any interference by this Court. However, he submits that the matter being pending since 2017, before the Page No.# 4/5 Additional District Magistrate, Cachar, Silchar, this Court would be pleased to direct the concerned authority to dispose of the petition filed by the petitioner under Section 144 CrPC (subsequently converted to 145 CrPC) after hearing both the petitioner as well as the respondent no.2, herein. 8. The said submission of the learned counsel for the petitioner is not objected to by Mr. N. H. Barbhuiya, learned counsel, appearing for the respondent. 9. I have heard the learned counsel for the parties and also perused the materials available on record. 10. Admittedly on the matter being remanded back to the Court of the Additional District Magistrate, Cachar, the respondent no.2 was not issued with a notice of the date fixed for hearing in C. R. Case No.184(M)/2017, and the order dated 09.02.2018 was passed ex-parte against the respondent no.2, herein. 11. This Court has perused the Judgment dated 03.12.2018, passed by the learned Sessions Judge, Cachar, Silchar, in Criminal Revision No.39/2018, and finds that the interference was made with the order dated 09.02.2018, only on the ground that the respondent no.2, herein, was not given an opportunity of hearing before passing of the same. 12. In view of the above position as well as considering the submissions made by the learned counsel for the petitioner, this Court finds that the Judgment dated 03.12.2018, passed by the learned Sessions Judge, Cachar, Silchar, in Criminal Revision No.39/2018, would not mandate any interference. The earlier order dated 09.02.2018, having been set aside, the matter would now stand remanded to the learned Additional District Page No.# 5/5 Magistrate, Cachar, Silchar, for a fresh consideration. 13. The petitioner and the respondent no.2 being the parties to the proceedings in C. R. Case No.184(M)/2017, they are directed to appear before the learned Additional District Magistrate, Cachar, Silchar, on 3rd of December, 2025. On appearance of the party, the Additional District Magistrate, Cachar, Silchar, shall proceed to consider the issues arising in the proceeding of C. R. Case No.184(M)/2017, instituted by the present petitioner and after hearing the petitioner, herein, as well as the respondent no.2, herein, dispose of the same expeditiously, in accordance with law. 14. With the above observations and directions, the present Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant