Page No.# 1/3 GAHC010151822026 2026:GAU-AS:10234 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./367/2026 PRATIMA CHAKRABORTY W/O JANTU CHAKRABORTY, RESIDENT OF NETAJI PALLY, P.O, P.S. AND DIST. SRIBHUMI, ASSAM, PHONE NO. 8822101345, PIN- 788710 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE PUBLIC PROSECUTOR,ASSAM 2:THE OFFICER IN CHARGE SRIBHUMI POLICE STATION SREEBHUMI PIN- 788710 3:DEBOSMITA GHOSH W/O HITESHNA KUMAR D/O ANTU GHOSH R/O CHURCH ROAD PO PS AND DIST SRIBHUMI ASSAM PIN 788710 4:ANTU GHOSH C/O DEBOSMITA GHOSH CHURCH ROAD PO AND PS AND DIST SRIBHUMI ASSAM PIN 788710 5:SUMITA GHOSH Page No.# 2/3 W/O ANTU GHOSH C/O DEBOSMITA GHOSH CHURCH ROAD PO AND PS AND DIST SRIBHUMI ASSAM PIN 78871 Advocate for the Petitioner : MR. M K MAJUMDAR, H CHAKRABORTY Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 27.07.2026 Heard Mr. M.K. Majumdar, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1. 2. In this petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner has challenged the order dated 20.04.2026, passed by the learned Judicial Magistrate First Class, Sribhumi, in C.R. Case No.344/2025. It is to be noted here that vide impugned order dated 20.04.2026, the learned Judicial Magistrate First Class (hereinafter the learned Trial Court) has kept the pre-summoning trial under suspension due to failure to compel a police report under Section 225 of BNSS. 3. The learned counsel for the petitioner submits that the petitioner has instituted one C.R. Case before the learned Trial Court, being C.R. Case No.344/2025 and vide order dated 05.08.2025 (Annexure-2), the learned Trial Court has recorded a finding that a limited police inquiry under Section 225 BNSS (202 Cr.P.C.) will best serve the interest of the case and accordingly, call for the report from the Officer-in-Charge, Sribhumi P.S. and Page No.# 3/3 fixed the matter on 04.09.2025 and since then, the learned Trial Court has adjourned the proceeding for non-receipt of the report under Section 225 from the Police Officer without taking any action upon police for failing to submit the report. 4. Having heard the submission of learned counsel for the petitioner and also the learned Addl. P.P. and having gone through the record, this Court is inclined to dispose of this petition by directing the petitioner to file an application before the learned Trial Court to call for the report under Section 225 BNSS fixing a short date and in the event of failing to file the report by the Police Officer, the learned Trial Court shall proceed against the Police Officer in accordance with law. 5. In terms of above, this criminal revision petition stands disposed of at motion stage itself. Comparing Assistant Sd/- Robin Phukan JUDGE