Page No.# 1/3 GAHC010187092026 2026:GAU-AS:12973 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1229/2026 SMTI BARASHA BORAH BORDOLOI WIFE OF LATE DHARANI BORDOLOI, PRESENT RESIDENT OF AMAR ENCLAVE, FLAT NO. D-41, SURVEY, BELTOLA, BELTOLA BASISTHA ROAD, P.S.- HATIGAON, P.O.-BELTOLA, IN THE DISTRICT- KAMRUP M, ASSAM, INDIA. PIN- 781028. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR. J I BORBHUIYA, MR. N ALI,MR G G GOGOI,W.H. DEVI,MR A HOSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 07.09.2026 1. Heard Mr. J.I. Borbhuiya, learned counsel appearing for the petitioner. Also Heard Mr. R.J. Baruah, learned APP for the State of Assam. 2. By this application filed under Article 227 of the Constitution of India, read with Page No.# 2/3 Section 528 of the BNSS, 2023 the petitioner has prayed for expeditious disposal of Complaint Case No. 783 of 2015 instituted by the petitioner. 3. The learned counsel appearing for the petitioner submits that the complaint case was instituted in the year 2015 and that the trial commenced on 18.11.2015 as is evident from the order sheets. Thereafter, the case proceeded from time to time and at this stage, the statement of the accused under Section 313 of the CrPC remains to be recorded. 4. The learned counsel appearing for the petitioner submits that on several occasions attempts were made to record the statement of the accused under Section 313 of the CrPC, however, the same could not be recorded due to the non-appearance of the accused. He further submits that appropriate directions may be issued for expeditious hearing and disposal of the case as early as possible. 5. It is seen that the case has been pending since the year 2015 and despite the fact that 11 years have elapsed the trial has not yet been concluded. 6. Mr. R.J. Baruah, learned Additional Public Prosecutor, however, submits that the present proceeding arises out of a complaint case between private parties. He further submits that the petitioner has not impleaded the accused as a respondent in the present proceeding and has arrayed the State of Assam as the sole respondent which according to the learned APP is not warranted. 7. It is also seen that at this stage the statement of the accused is required to be recorded following which there may be defence evidence and thereafter the matter would proceed to final arguments and pronouncement of judgment. Thus, the completion of the remaining proceedings may take some further time. 8. However, without causing any further unnecessary delay this Court directs the learned Additional Chief Judicial Magistrate who is in seisin of the matter to preferably hear and conclude the remaining part of the trial expeditiously and dispose of the Page No.# 3/3 same without any further delay. It is, however, not implied that delay is caused for no reason. 9. This Court further directs the learned trial court to preferably complete the proceedings within a period of 3 (three) months from the date of this order. 10. Petition is disposed of. JUDGE Comparing Assistant