Page No.# 1/3 GAHC010048672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./278/2025 BADRUL ISLAM BARBHUIYA ALIAS BATUL S/O- AZIZUR RAHMAN BARBHUIYA, R/O- KASHIPUR PT II, PS SILCHAR, DIST- CACHAR, ASSAM, PIN- 788009 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:MUSST. ALCA BEGUM KHAN @ ALEA BEGUM KHAN W.O MD. KOKHAN KHAN @ SARIF AHMED KHAN RESIDENT OF WATER WORKS ROAD WARD NO. 1 PO AND PS SILCHAR DIST CACHAR ASSAM 78800 Advocate for the Petitioner : MR. B M CHOUDHURY, MR. S SUTRADHAR,MR A B DEY,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.03.2025 Heard Mr. B.M. Choudhury, the learned counsel appearing for the petitioner. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 528 of the BNSS, 2024 challenging the order dated 13.11.2015 and also the subsequent orders passed by the learned Judicial Magistrate First Class, Silchar, Cachar in respect of G.R. No.2379/2012 arising out of Silchar P.S. Case No.1313/2012. 3. The petitioner Badrul Islam Barbhuiya @ Batul Miya has been charge sheeted in a case under Section 366 of the IPC read with Section 34 of the said Code. Thereafter the trial court took cognizance of the offences under Section 366A/376 of the IPC and issued summons to the present petitioner. 4. Now, the petitioner apprehends that the offences against which cognizance has been taken are sessions triable and if he appears before the court of the learned JMFC, Silchar, Cachar, he shall be remanded to custody as the said court does not have the jurisdiction to entertain his bail application. 5. The petitioner submits that he wants to face the trial in order to prove his innocence. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioner is interested in facing the trial, this Court is of the opinion Page No.# 3/3 that he deserves to be given an opportunity to contest the case. Therefore, the petition is allowed. 8. The order dated 13.11.2015 and also the subsequent orders including NBWA issue against the present petitioner in respect of G.R. No.2379/2012 pending in the court of learned Judicial Magistrate First Class, Silchar, Cachar are set aside. 9. It is directed that the petitioner, namely- Badrul Islam Barbhuiya @ Batul Miya shall appear before the court of JMFC, Silchar, Cachar on or before 01.04.2025, and on his appearance before the Judicial Magistrate First Class, Silchar, Cachar in connection with G.R. No.2379/2012, the above named petitioner shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the said court [JMFC, Silchar, Cachar]. With the above direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant