Page No.# 1/3 GAHC010181732026 2026:GAU-AS:12459 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1182/2026 ASHRAFUL ALAM MANDAL S/O ABDUL JALIL MANDAL VILL- KAMANDANGA, P.S- TAMARHAT, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:WSI RUSMITA SAIKIA D/O BUDHIN SAIKIA RESIDENT OF GRAHAMPUR OUT POST GOSSAIGAON P.S- GOSSAIGAON DIST- KOKRAJHAR ASSAM PIN- 78333 Advocate for the Petitioner : MR A HAWARI, A R MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.08.2026 Heard Mr A Hawari, learned counsel for the petitioner and Mr R J Baruah, Page No.# 2/3 learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 528 of the BNSS, 2023, the petitioner has prayed for defreezing the savings bank account of the petitioner. The petitioner has also prayed for quashing of the order dated 26.03.2025, passed by the learned SDJM(M), Gossaigaon, in PRC Case No. 191/2024, corresponding to Gossaigaon PS Case No. 72/2024, registered under Sections 379/411/34 of the IPC, read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021. 3. The case of the petitioner is that an FIR was lodged on 14.05.2024, by which it was, inter alia, stated that one vehicle coming from West Bengal side was found loaded with cattles and when the Police personnel tried to stop the vehicle, the driver did not stop and drove the same in high speed. Thereafter, the Police personnel could somehow stop the vehicle and on search being made, 18 numbers of bull were found tied with their legs and mouth and the said bulls were seized by the Police personnel. On completion of investigation, the Police has submitted charge sheet on 30.06.2024. 4. The learned counsel for the petitioner submits that in the said charge sheet, there is no mention about freezing of the account of the petitioner. He further submits that an application was filed by the petitioner being Petition No. Page No.# 3/3 690 of 2025, for defreezing the account being Account No. 32975006653, and the learned Court of SDJM(M), Gossaigaon, after hearing the parties, had rejected the said application for defreezing the account. It was stated in the order that finding sufficient materials against the accused person, the Police had freezed the account of the petitioner. However, it is seen that the FIR was lodged in the month of May, 2024, and the charge sheet was submitted in the month of June, 2024, and the order refusing the defreezing of the account was passed on 26.03.2025. Now, we are in the month of August, 2026. The instant petition has been filed on 24th of August, 2026, after such a delay. It is, as such, seen that the order of the Trial Court was wayback in the month of March, 2025, and now, there will be lot of changes in the said case. 5. As such, the petitioner is directed to move a fresh application before the Court of SDJM(M), Gossaigaon, if required and if so advised, and the learned Court would consider as per law. 6. Petition is as such, closed. JUDGE Comparing Assistant