Page No.# 1/3 GAHC010070182026 2026:GAU-AS:10395 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./559/2026 ZAKIR HUSSAIN S/O MAKADDOS ALI, R/O VILL CAMCHERRA GOBINDAKUPA, PO DIGARKHAL BAZAR, PS KALAIN, DIST CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:KHAIRUN NESSA D/O ABDUL LATIB W/O ZAKIR HUSSAIN RO VILL TALKARGRANT PO DIGORKHAL PS KALAIN DIST CACHAR ASSAM PIN 78881 Advocate for the Petitioner : MR A SHARMA, MR I AHMED Advocate for the Respondent : PP, ASSAM, MR. S ISLAM (R-2),MR. K A MAZUMDER (R-2) BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.07.2026 Heard Mr A Sharma, learned counsel for the petitioner and Ms S H Bora, learned Additional Public Prosecutor for the State of Assam/ respondent No. 1. Page No.# 2/3 Also heard Mr K A Mazumder, learned counsel for the respondent No. 2. 2. By this application filed under Section 528 of the BNS, 2023, read with Article 227 of the Constitution of India, the petitioner has prayed for setting aside and quashing of the order dated 19.01.2026. The petitioner has also prayed for quashing the subsequent criminal proceeding in the said case. 3. The case of the petitioner is that by order dated 19.01.2026, the learned Court of Additional District Magistrate, Cachar, Silchar, has passed an order by which the activity of the petitioner was ascribed as illegal and it was held that the same attracted the provision of Section 100 of the BNSS, 2023. As such, the learned Court, on being satisfied, to draw up the proceeding under Section 9 of the BNSS, 2023, directed the OC of the concerned Police Station to search the house of the petitioner for recovery of the three minor children of the petitioner and the respondent No. 2. It was further directed by the said order that in case, the children are found, the custody of the said children should be given to the respondent No. 2, i.e., the mother of the said children. It is also directed that the Police should inform the undertaking of the said exercise to the Court. Pursuant to the said order dated 19.01.2026, the Police had searched and found the three children and handed over the children to the mother of the said children, and a report was submitted before the learned Court of Additional District Magistrate, Cachar, Silchar. The learned Court, by order dated 03.02.2026, had reflected that the children were given in custody to the respondent No. 2 after observing all the formalities. 4. The learned counsel for the petitioner, however, submits that after the said order passed on 03.02.2026, the mother of the children had left the house and that the father-in-law of the petitioner had requested the petitioner to take back the children and as requested, the petitioner had taken back his three children Page No.# 3/3 from the custody of the respondent No. 2 or her family. 5. As such, it is seen that the proceedings initiated by the learned Court under Section 100 of the BNSS, 2023, had concluded by order dated 03.02.2026. As such, it is seen that the present application before this Court has become infructuous and as such, this application is closed. 6. Petition is disposed of. JUDGE Comparing Assistant