Page No.# 1/3 GAHC010155532026 2026:GAU-AS:10665 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./384/2026 RAKIB HUSSAIN MAZUMDAR S/O MAIMUL HOQUE MAZUMDAR @ ALOM MAZUMDER, VILL- SONABARIGHAT PT-I, P.O. SILCHAR, P.S. SILCHAR, DIST. CACHAR, PIN- VERSUS PRADYUT DAS AND 2 ORS. S/O LATE PRASANNA RAM DAS C/O OFFICE OF THE EXECUTIVE ENGINEER I.W.T.D.CHANDMARI T.V. STATION ROAD TARAPUR, SILCHAR, PIN- 788003 2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF INLAND WATER TRANSPORT DISPUR GUWAHATI 78100 Advocate for the Petitioner : MR. A ROSHID, MS. M R DEVI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.08.2026 Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 2 2. In this petition, under Sections 438/442 of the BNSS, 2023, the petitioner has challenged the order dated 08.05.2026, passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in N.I. Case No. 142/2021, under Section 138 of the N.I. Act. 3. It is to be noted here that vide impugned order dated 08.05.2026, the learned Additional Chief Judicial Magistrate, Cachar, Silchar (‘trial Court’, for short) had dismissed the complaint case on the ground that the petitioner herein remained absent on that day, without any steps. 4. Mr. Roshid, learned counsel for the petitioner submits that on 08.05.2026, the petitioner could not remain present before the learned trial Court as the respondent No. 1 herein had filed one petition, being Criminal Petition No. 597/2025, before this Court, and on such count, the impugned order is illegal and arbitrary, and therefore, he has contended to interfere with the same. 5. Having heard the submissions learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner to file an application before the learned trial Court to restore the N.I. Case No. 142/2021, assigning the reasons for which the petitioner could not remain present before the learned trial Court on the date fixed, and on such application being filed, the learned trial Court shall consider the same, in accordance with law. Page No.# 3/3 6. Page No.# 3/3 6. The petitioner shall file the aforesaid application before the learned trial Court within a period of three weeks from today. 7. In terms of above, this revision petition stands disposed of at this motion stage itself. JUDGE Comparing Assistant