Page No.# 1/2 GAHC040001792025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Rev.P./5/2025 Agaim Langhi Son of Shri Tabyang Langhi, PO Seppa, PS Seppa, East Kameng District, presently residing at Naharlagun, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Geken Jini, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.03.2025 Heard Mr. G. Jini, learned counsel for the petitioner and Ms. L. Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh. This application has been filed by the petitioner under Section 438 of the BNSS, 2023, challenging the order dated 13.11.2024, passed by the learned Sessions Judge, Yupia, in Sessions Case No.54/2022. By the impugned order, the learned Court below framed the charges under Page No.# 2/2 Sections 341, 323, 326 & 307 of the Indian Penal Code read with Section 34 of the said Code as well as under Sections 25 & 27 of the Arms Act. 1959. The learned counsel for the petitioner has submitted that on 13.11.2024, the counsel for the petitioners was absent in the Court. Therefore, the petitioners prayed for another opportunity to have their counsel heard, however, the Court below did not allow their prayer and proceeded to frame the charges. I have considered the submission made by the learned counsels for both the side. Providing an opportunity of being heard is a fundamental foundation of the judicial system. The learned Trial Court has committed a mistake by not hearing the counsel for the petitioners before framing the charges, therefore, the impugned order is bad in law. The impugned order dated 13.11.2024, whereby the learned Trial Court framed charges against the petitioner in respect of the Session Case No.54/2022 is hereby set aside. The learned Sessions Judge, Yupia, is directed to hear the counsel for the petitioners and thereafter, shall pass necessary order(s) as prescribed under the law. With the aforesaid direction, the criminal revision petition stands disposed of. JUDGE Comparing Assistant