Page No.# 1/4 GAHC010015592025 2025:GAU-AS:1362 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./111/2025 PABITRA SAIKIA S/O LATE MURULI SAIKIA, RESIDENT OF VILLAGE BAMGAON, PO GOHAINGAON, PS AND DIST DHEMAJI, ASSAM 787057 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:TOULCHI SAHU S/O LATE LAXMAN SAHU RESIDENT OF HOUSE NO. 4 BYE LANE NO. 4 NABAJYOTI NAGAR PANJABARI PS DISPUR GUWAHATI KAMRUP M ASSA Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.02.2025 1. Heard Mr. N.K. Kalita, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the BNSS has been filed by the petitioner, namely, Shri Pabitra Saikia, who is praying for quashing the entire criminal proceeding of PRC Case No. 1861/2020, arising out of Dispur P.S. Case No. 2212/2019. 3. The facts relevant for consideration of the instant criminal petition, in brief, are that on 25.07.2019, one Toulchi Sahu had lodged an FIR before the Officer-In-Charge of Dispur Police Station, inter alia, alleging that the present petitioner had stolen the cheque leafs, from his house and thereafter, manipulating the said cheque used it for drawing a total amount of Rs. 2,20,000/- (Rupees Two Lakhs Twenty Thousand only) from the account of the informant. 4. On receipt of the said FIR, Dispur P.S. Case No. 2212/2019 was registered under Section 379/420 IPC and investigation was initiated. After completion of the investigation, charge sheet was laid on 30.11.2020. 5. The learned counsel for the petitioner has submitted that the petitioner appeared before the Trial Court and faced the trial and on 30.03.2023, charges under Section 379/420 of the Indian Penal Code Page No.# 3/4 were framed against him. He submits that though the matter involved in the case is of civil nature, however, he faced the trial. 6. The learned counsel for the petitioner further submits that on 21.12.2021, the PW-1 was examined and his further examination was kept reserved and till that day for last 3 years 08 months, his trial is going on, without any progress and no further prosecution witness has been examined till date. 7. Mr. K.K. Das, the learned Additional Public Prosecutor, on the other hand submits that in this case, charges are already framed and trial is going on and therefore, it is not a fit case for invoking the inherent jurisdiction for quashing the entire proceeding under Section 528 of the BNSS, 2023. 8. I have considered the submissions made by the learned counsel for both the sides. It appears that though the charges were framed in the year 2021, the petitioner has approached this Court for quashing the proceeding after a long time of about 04 years. Further, considering the fact that the charges are already been framed and trial is going on, this Court is of the considered opinion that this is not a fit case for quashing the entire criminal proceeding of PRC Case No. 1861/2020. 9. However, it is also a matter of concern that since 21.12.2021, the case is pending at the stage of examination of prosecution witnesses and only one witness has been examined, that too, in part. 10. Under such circumstances, while disposing of this criminal petition, this Court is constrained to direct the Trial Court to make all Page No.# 4/4 endeavours to dispose of the PRC Case No. 1861/2020, as expeditiously as possible. 11. With the above observations, this criminal petition is disposed of. JUDGE Comparing Assistant