Page No.# 1/3 GAHC010015252026 2026:GAU-AS:1017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./85/2026 DHANRAJ SURANA SON OF SAMPAT LAL SURANA PERMANENT RESIDENT OF GANDHI CHOWK NEW LINE, GANGASHADHAR, BIKANER, RAJASTHAN -334401, PRESENT ADDRESS- VARDHAN COMPLEX, GOPALGANJ, SILCHAR, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI. RATNA MAJUMDER D/O LATE SONTOSH MAJUMDER RESIDENT OF SIB COLONY P.S. SILCHAR DIST. CACHAR ASSAM PIN-78800 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.01.2026 1. Heard Mr. N. Mahajan, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 438/442 of the BNSS, 2023 challenging the Order dated 17.01.2026, passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar. 3. The petitioner has been facing Trial before the Court below and his counsel has already concluded his oral arguments. After conclusion of the oral arguments of the lawyer for the petitioner, he wanted to file a written argument. However, the learned counsel did not find the prayer to be satisfactory on the ground that it may linger the case for a further period of time and accordingly, the prayer was rejected. 4. I have considered the submissions made by learned counsel for the both sides. 5. There is no harm, if an accused files written argument even after conclusion of the oral argument. The Trial Court should have given one opportunity to the accused to file his written argument. 6. Therefore, the impugned order to that effect is set aside. 7. The Trial Court shall provide one opportunity to the present petitioner to file Page No.# 3/3 the written argument and after that the Trial Court shall proceed to dispose of the case in accordance with the procedure as laid down by law. 8. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant