Page No.# 1/2 GAHC010228682025 2026:GAU-AS:10060 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1273/2025 SHAHJAHAN AHMED CHOUDHURY @ APPO S/O LATE MOIJ UDDIN AHMED CHOUDHURY , R/O BISHNUPALLY, P.O. P.S. AND DIST. HOJAI, ASSAM, PIN 782435 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:DEPUTY COMMISSIONER NOW DIST. COMMISSIONER HOJAI SRIMANTA SANKARDEV NAGAR DIST. HOJAI PIN 78244 Advocate for the Petitioner : ALHAJJ I UDDIN, MRS. R MOMTAZ,MR ROBIUL HOQUE Advocate for the Respondent : PP, ASSAM, MR. K GOGOI, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 22.07.2026 Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Ms. S. H. Bora , learned Additional Public Prosecutor for the State. 2. This criminal petition has been preferred challenging the proceeding Page No.# 2/2 of PRC Case No. 668/2022 arising out of Hojai PS Case No. 635/2021 registered under Section 120(B)/406/409/420/468/471 of IPC wherein charge sheet was laid under the same Sections of IPC which is now pending for disposal in the court of learned Additional CJM, Hojai. 3. It is the contention of the petitioner that firstly, he is not named in the FIR and secondly, although, the charge-sheet has been field wherein he has been included as an accused, there is no material against him in respect of the alleged offences justifying a charge-sheet against him. 4. The question whether there is any material to proceed against the petitioner can be well considered by the learned trial court at the time of consideration of charge. 5. After hearing the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, this petition is disposed of with the direction that the petitioner may file appropriate application for discharge at the time of consideration of charge which shall be duly considered by the learned trial court and thereafter appropriate orders may passed. 6. Accordingly, this petition stands disposed of. JUDGE Comparing Assistant