Page No.# 1/2 GAHC010277512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1594/2025 MD MINHAJ UDDIN S/O - HAJI TASADDAR ALI, RESIDENT OF - 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, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 21.04.2026 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 23.06.2025, passed by the learned Additional Chief Judicial Magistrate, Hojai, in CR Case No.72/2022. Page No.# 2/2 3. On 23.06.2025, the Trial Court found that the petitioner, having instituted CR Case No.72/2022, remained absent on 3(three) 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 the petitioner and 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 23.06.2025, passed in CR Case No.72/2022, passed by the learned Additional Chief Judicial Magistrate, Hojai, stands set aside. 8. The petitioner is directed to appear before the Trial Court on 11.05.2026 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