Page No.# 1/5 GAHC010023362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./158/2025 MIZANUR RAHMAN HAZARIKA @ ALHAJ MIZANUR RAHMAN HAZARIKA AND 4 ORS. S/O LATE AZIMUDDIN AHMED RESIDENT OF SALMARA PART IV, BONDIHANA, FAKIRGANJ, DIST. DHUBRI, ASSAM, PIN-783349 2: JOYNAL ABEDIN S/O LT. GOLAM OSMANI VILL-KATHALDI PT.I P.O. AND P.S. BILASIPARA DIST.DHUBRI ASSAM PIN-783348 3: SIRAJUL HOQUE MOLLAH S/O HAJI SABURUDDIN MOLLAH VILL-SALMARA PT.III P.O.BONDIHANA P.S.FAKIRGANJ DIST. DHUBRI ASSAM PIN-783349 4: SHAHADOT ALI S/O HAJI OSMAN GONI RESIDENT OF SALMARA PART III BONDIHANA P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783349 Page No.# 2/5 5: MOYNAL HOQUE S/O HAJI OSMAN GONI RESIDENT OF SALMARA PART III BONDIHANA P.S.FAKIRGANJ DIST. DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY LD PUBLIC PROSECUTOR, ASSAM 2:SHAHAJALAL SHEIKH S/OLATE NOSIMUDDIN RESIDENT OF SALMARA PART IV P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. R ISLAM, T TALUKDAR,S BEGUM Advocate for the Respondent : PP, ASSAM, MS. J BURAGOHAIN(R-2),MR G BORDOLOI (R- 2),N J DAIMARI(R-2) BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 18.12.2025 Heard Mr. R. Islam, learned counsel for the petitioners and Mr. G. Bordoloi, learned counsel for the respondent No. 2. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent No. 1. 2. This application under Section 528 of the BNSS, 2023 for quashing of the criminal proceeding initiated by order dated 11.11.2022, passed by the Page No.# 3/5 learned Judicial Magistrate, First Class, Dhubri in PRC Case No. 3256/2022 taking cognizance of offence under Section 143/ 341/ 294/ 354(B)/ 323 IPC read with Section 149 IPC against the petitioners, the charge sheet vide No. 90/2022 dated 27.06.2022 laid under Sections 143/ 341/294/ 354(B)/ 323 IPC and FIR vide Fakiraganj PS Case No. 71/2022 dated 18.04.2022 lodged by the opposite party No. 2, corresponding to GR Case No. 730/2022 under Sections 143/ 341/ 294/ 354(B)/ 325/ 379 IPC. 3. Mr. 3. Mr. Islam, learned counsel for the petitioners has drawn the attention of this court the order dated 02.08.2023, passed in PRC Case No. 1614/2022 by the learned Judicial Magistrate, First Class, Dhubri, most specially the following paragraphs, which reproduced herein below: ……….“Perusal of the case record reveals that cognizance was taken in this case under Section 447/294/323/506/34 of IPC against the accused and at present this case is pending at the stage of appearance. I have duly verified the materials on record of this case and it appears that no cross case is pending in connection with this case. After considering the fact and circumstances of this case as well as the fact that the instant withdrawal petition has been filed by the learned APP after attaining the General Authority from the Government of Assam vide letter E.-217405/60, Dated: 21.10.2022, I deem it fit to hold that this case is a fit case to be withdrawn by the prosecution. Accordingly, the prosecution is allowed to withdraw this case under Section 321 of Cr.P.C. Accordingly, withdrawal petition is allowed and stands disposed of. Now, since the withdrawal of this case has been allowed prior to the stage of Explanation of Offence therefore, the accused persons are acquitted Page No.# 4/5 in this case in respect of all the offence/s accused of as per Section 321(b) of the Cr.P.C. The instant case is accordingly disposed of on withdrawal under Section 321 of Cr.P.C. “ 4. Mr. Islam has submitted that it would be apparent as on the date of the aforesaid order, there was a cross case pending with regard to the FIR lodged by the respondent 2. It would also be apparent that the FIR lodged by the respondent No. 2 was pending in the charge sheet stage. Theerefore, he submits that the order dated 02.08.2023 is palpably wrong and erroneous and needs reconsideration. 5. I have gone through the records and this court also finds that as on date 02.08.2023, there was a cross case pending and that fact had to be reconsidered by the concerned Magistrate before he came to the conclusion with regard to allowing the withdrawal of case which arose from the FIR lodged by the petitioner herein. 6. In view of the above, this court interferes with the order dated 02.08.2023 to the extent of allowing to withdraw the case initiated at the time of the FIR filed by the petitioner. 7. Now, the matter is remanded back to the concerned Judicial Magistrate, First Class, Dhubri to reconsider the petition filed by the learned APP by taking into consideration to the fact that a cross case is existed in the matter. The petitioners herein and the respondent are also given opportunity of being heard when the application is put up for reconsideration. 8. It is made clear that the learned APP would be at liberty to withdraw the application if it has been filed on wrong premises and also to move an Page No.# 5/5 appropriate application as may be necessary. 9. The criminal petition is disposed of. 10. It is directed that till the decision of the aforesaid application is reconsidered, the proceedings of PRC Case No. 3256/2022 shall kept in abeyance. JUDGE Comparing Assistant