Page No.# 1/3 GAHC010244272025 2025:GAU-AS:16719 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1377/2025 SABNAM SULTANA D/O SAHIDULLA ALI W/O SAZIDUR RAHMAN R/O ADABARI, PS JALUKBARI, DIST KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SAZIDUR RAHMAN S/O LATE ABDUR RAHMAN R/O KUMARGAON (GAON BURHA CHOWK) PO AND PS DERGAON DIST GOLAGHAT ASSAM 3:MALLIKA BEGUM D/O LATE ABDUR RAHMAN W/O NASIRUDDIN AHMED R/O JAJORI KHARU MASJID PO BORMANIPUR DIST MORIGAON ASSA Advocate for the Petitioner : MR D MEDHI, MR K THAKUR,S YESMIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.12.2025 1. Learned counsel Ms. S. Yesmin is present for the petitioner, who has filed this application under Section 528 of the BNSS, 2023 with prayer for quashing and setting aside the impugned order dated 07.10.2025 in D.V Case No. 236/2023 passed by the learned Judicial Magistrate First Class-3, Kamrup (M), Assam. 2. Learned Additional Public Prosecutor Mr. M. P. Goswami is present for the respondent State. 3. The learned Additional Public Prosecutor has accepted notice on behalf of the respondents and thus, no further notice is required to be issued. 4. This case is decided without issuing notice to the respondent nos. 2 and 3. The petitioner is aggrieved by the impugned order as the petitioner was not accorded an opportunity to adduce evidence. It is submitted that the petitioner will be highly prejudiced, if she is not allowed to adduce evidence. The impugned order reflects that the petitioner was granted several opportunities to adduce evidence but the petitioner has failed to adduce evidence and when a last opportunity was accorded, the petitioner again failed to adduce evidence. 5. The petitioner had prayed on the ground of medical ailment which was not allowed. The Annexure-6 is a certificate relating to her medical ailment. The certificate reveals that the petitioner was suffering from Right TBNWA Tear, but now she is recovering. If the petitioner is not allowed to adduce her evidence, Page No.# 3/3 the entire case will become infructuous. 6. A pragmatic view is taken and the petitioner is allowed to adduce her evidence. On the next date fixed, the petitioner is directed to appear before the learned Trial Court and adduce her evidence. On her failure to appear and adduce her evidence, necessary orders may be passed by the learned Trial Court. 7. The impugned order dated 07.10.2025 in connection with D.V Case No. 236/2023 is hereby set aside. 8. The petitioner is directed to appear before the learned Trial Court and the Court may allow one last chance to the petitioner to adduce her evidence. 9. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant