Page No.# 1/4 GAHC010064562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./381/2025 SABANAZ BARBHUIYA W/O- ALTAF HUSSAIN LASKAR, R/O- VILL- BHAURIKANDI PT II, PO- HATIKHAL BAZAR, PS- KACHUDHARAM, DIST- CACHAR, ASSAM, PIN- 788116 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ALTAF HUSSAIN LASKAR S/O ABDUL AJID LASKAR R/O VILL-NATUN RAMNAGAR PART-V PARGONA- BONRAJ P.O.NATUN RAMNAGAR P.S. SONAI DIST. CACHAR ASSAM PIN-78811 Advocate for the Petitioner : MR. M H LASKAR, MR. S ROY Advocate for the Respondent : PP, ASSAM, MR. L R MAZUMDER (R-2),MR. A ISLAM (R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 10.06.2026 Heard M. H. Laskar, the learned counsel for the petitioner and Mr. L. R. Mazumdar, the learned counsel for respondent no. 2 and Mr. A. Baishya, the learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 528 of the BNSS, the petitioner has prayed for quashing of the order dated 28.02.2025, passed by the Ld. Addl. District & Sessions Judge, Cachar, Silchar in Criminal Revision No. 89/2024, by which the order dated 27.09.2024, passed by the Ld. Addl. District Magistrate, Cachar, Silchar was set aside. 3. It is the case of the petitioner that she was married with respondent no.2 on 18.04.2019 and both of them were staying as husband and wife since then. However, on 27.06.2024, the petitioner alleged that she was driven out from her matrimonial house by respondent no. 2 on the grounds of torture both mental and physical. The petitioner also states that dowry was being demanded from her and there was torture meted out by her husband and that she had to leave her matrimonial house because of that. While the petitioner was in her matrimonial house, she filed an application for recovery of Streedhan articles under Section 97 of the BNSS before the court of Additional District Magistrate, Cachar, Silchar. It was stated by the petitioner that her husband was trying to sell of the Streedhan articles for illegal gain and, as such, he filed the application according to her. 4. The learned Additional District Magistrate, Cachar, Silchar, after hearing only the petitioner, passed an order dated 27.09.2024 observing that the acts alleged against respondent No. 2 amounted to theft and attracted the provisions of Section Page No.# 3/4 97 of the BNSS. Accordingly, the learned Court drew up a proceeding under Section 97 of the BNSS and directed the Officer-in-Charge of the concerned Police Station to conduct a search of the house of respondent No. 2 and recover the articles in question. The matter was thereafter fixed on 05.10.2024. Pursuant to the said order, the articles specified in the list furnished by the petitioner were recovered from the house of respondent No. 2. 5. Being aggrieved by the said order, respondent no. 2 filed a revision application before the court of Additional Session Judge No. 3, Cachar, Silchar, which was registered as Criminal Revision No. 89/2024, and the court vide order dated 28.02.2025, had quashed the order of the learned Additional District Magistrate, Cachar, Silchar passed on 27.09.2024. The revisional court have ordered by observing that the conclusion reached by the court of Additional District Magistrate, Cachar, Silchar that keeping of the Streedhan articles, the petitioner amounted to theft was not a proper finding. 6. It was also observed that the Trial Court had ordered the same with the observations that articles being kept as a theft property was only on perusal of the petitioner’s application and that, no hearing was afforded to the respondent no.2. It was also stated in the said order that the Trial Court had not enquired about the issue and had passed the order in violation of the principle of natural justice. 7. It is provided under Section 97 of the BNSS that, before the Magistrate concerned passes an order under the said Section should enquire as it things fit that such place is used for keeping the stolen property or the objectionable article or any article and only on satisfaction the search and recovery at the place containing stolen property should be directed. 8. In the instant case, there seems to be no enquiry conducted by the trial court, which can be discerned from the order dated 27.09.2024. Page No.# 4/4 9. In view of the same, this court without interfering with the order of the Additional Sessions Judge No. 3, Cachar, Silchar, remands the matter to the learned court of Additional District Magistrate, Cachar, Silchar, who would do the needful in compliance with the law laid down, on a fresh application being made by the petitioner, if any, by giving an opportunity to the respondent no. 2 of being heard in compliance with the principles of natural justice. 10. Accordingly, the Criminal Petition stands disposed of. JUDGE Comparing Assistant