Page No.# 1/7 GAHC010023242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./143/2025 SWATI BIDHAN BARUAH D/O SUPTI RANJAN BARUAH ADDRESS- PANDU CABIN, P.O. PANDU, PIN-781012, DIST. KAMRUP (M), GUWAHATI, ASSAM VERSUS ELIMA BEGUM AND 22 ORS. C/O AZIM TAILORING SHOP, PANDU CABIN, P.O. PANDU,PIN-781012, DIST. KAMRUP (METRO), GUWAHATI, ASSAM 2:RUKSANA BEGUM C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 3:ZAKIR HUSSAIN @ BANTAA C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI Page No.# 2/7 ASSAM 4:BITTU BEGUM C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 5:ASLAM C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 6:AZIM C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 7:SAMIM C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 8:MOKIM C/O AZIM TAILORING SHOP Page No.# 3/7 PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 9:REKIB C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 10:BABU C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 11:ARIF @ RAJA C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 12:TAIRA PANDU STATION COLONY NEAR KALI MANDIR PANDU CABIN P.O. PANDU DIST. KAMRUP (METRO) Page No.# 4/7 PIN-781012 GUWAHATI ASSAM 13:ANWAR PANDU STATION COLONY NEAR KALI MANDIR PANDU CABIN P.O. PANDU DIST. KAMRUP (METRO) PIN-781012 GUWAHATI ASSAM 14:SAHIL HUSSAIN S/O TAIRA AND ANWAR PANDU STATION COLONY NEAR KALI MANDIR PANDU CABIN P.O. PANDU DIST. KAMRUP (METRO) PIN-781012 GUWAHATI ASSAM 15:REJINA BEGUM C/O SAMIM PAN SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST.KAMRUP (METRO) GUWAHATI ASSAM 16:SAHIL ALI C/O SAMIM PAN SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST.KAMRUP (METRO) GUWAHATI ASSAM 17:SAKIER ALI @ NANKI C/O SAMIM PAN SHOP PANDU CABIN Page No.# 5/7 P.O. PANDU PIN-781012 DIST.KAMRUP (METRO) GUWAHATI ASSAM 18:MAJNUR ALI C/O AZIM TAILORING SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM 19:SIRAJUL C/O SAMIM PAN SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST.KAMRUP (METRO) GUWAHATI ASSAM 20:AMIRUL C/O SAMIM PAN SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST.KAMRUP (METRO) GUWAHATI ASSAM 21:BABUL AND RATUL OWNER OF THE ROADSIDE ILLEGAL CHICKEN BUTCHER SHOP PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (METRO) GUWAHATI ASSAM Page No.# 6/7 22:SURAJ SINGH @ CHOTTU BEHIND PANDU SHIVALINGA TEMPLE PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (M) GUWAHATI ASSAM 23:MIRA SINGH ALIAS PUCHKI BEHIND PANDU SHIVALINGA TEMPLE PANDU CABIN P.O. PANDU PIN-781012 DIST. KAMRUP (M) GUWAHATI ASSA Advocate for the Petitioner : SWATI B BARUAH (TG), PETITIONER IN PERSON Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 04.04.2025 Heard Ms. Swati B. Baruah (TG) in person. Seen the office note dated 01.04.2025. It appears that the notices were sent to the respondents on 01.03.2025. But, no report has yet come. The petitioner has relied upon a judgment of the Hon’ble Supreme Court that was delivered in the case of M/s Ajeet Seeds Ltd. vs. K. Gopala Krishnaiah in Criminal Appeal No. 1523/2014. In paragraph 10 of the said judgment, it has been held that if the notices are sent with proper addresses then presumption can be taken under Section 114 of the Evidence Act read with Section 27 of the General Clauses Act that the notices have been served. Page No.# 7/7 It may be mentioned herein that after filing of the complaint case, the notices were sent to all the 23 respondents. All notices were sent to the addresses shown in the complaint petition. Therefore, it can be presumed that the notices have been served upon the respondents. This is an application filed under Section 528 of the BNSS, 2023 challenging the order dated 24.01.2025 passed by the learned Additional Chief Judicial Magistrate, Kamrup (M), Guwahati in Complaint (CR) Case No. 282/2024. On 24.01.2025, the complainant was present and the notices upon the 23 respondents were served. That day, 2 of them were remained absent. Therefore, the trial court directed to issue BWA against them. The other respondents were also absent but they showed cause by filing petition. The vakalatnama was not filed. The petitioner has pointed out to the Chapter IV of the Gauhati High Court Criminal Rules & Order. Ms. Baruah has further pointed out that without filing a vakalatnama no party can appear or contest a criminal case before any criminal court under this court. So, the order passed by the learned Additional Chief Judicial Magistrate, Kamrup (M), Guwahati is not correct. Without filing the vakalatnama, the respondents appeared and filed petitions and that petitions were allowed. Therefore, the impugned order dated 24.01.2025 passed by the learned Additional Chief Judicial Magistrate, Kamrup (M), Guwahati in Complaint (CR) Case No. 282/2024 is bad in law and stands set aside. However, the respondents shall have the liberty to enter appearance after filing of vakalatnama. With the above, the present criminal petition is disposed of. JUDGE Comparing Assistant