Page No.# 1/5 GAHC010188752026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1232/2026 PRASANTA BORAH S/O LATE DEBEN BORAH, RESIDENT OF VILLAGE- KOKILAJARANI, P.O.- DUBIA, P.S.- GOHPUR, DISTRICT- BISWANATH, ASSAM, PIN- 784168. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:DAMBARU SAIKIA S/O LATE KHAGIRAM SAIKIA RESIDENT OF VILLAGE- KOKILAJARANI P.O.- DUBIA P.S.- GOHPUR DISTRICT- BISWANATH ASSAM Advocate for the Petitioner : MR. R SARMA, MR. J K ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07.09.2026 Heard Ms. J. K. Roy, learned Counsel for the petitioner and Mr. B. Sharma, Page No.# 2/5 learned Additional Public Prosecutor for the State. 2. By this application filed under Section 528 of the BNSS, 2023, the petitioner has prayed for quashing of the complaint proceedings registered as CR Case No. 82/2025 pending before the Court of Sub Divisional Judicial Magistrate (M), Gohpur, Biswanath, Assam. The petitioner has also challenged the order dated 07.05.2026 passed by the said Court by which cognizance of the offence under Section 118(2) of BNS, 2023 was taken against the petitioner. 3. The learned Counsel for the petitioner submits that before filing of the instant complaint case, the informant had lodged an ejahar on 16.04.2025 on the same cause of action before the Officer-In -Charge of Gohpur Police Station. He also submits that the police on completion of the investigation had submitted charge sheet against the petitioner vide charge sheet no. 41 on 30.04.2025. By the said charge sheet, the petitioner was charged under Section 296(b)/117(2) of the BNS, 2023. Thereafter, he states that subsequently, the said charge sheet was placed before the Court and the cognizance was taken. He thereafter submits that subsequent to the said FIR and the charge sheet, the informant had filed one complaint case before the Court of Sub Divisional Judicial Magistrate, Gohpur on 23.12.2025 i.e. after eight months of the lodging of the FIR. He submits that on the same cause of action, the said complaint was Page No.# 3/5 lodged and the Court vide order dated 07.05.2026, took cognizance for the offence under Section 118(2) of the BNSS against the petitioner. The learned Counsel for the petitioner submits that on the same cause of action, two cases are pending against the petitioner and that the complaint case which is filed later be quashed for the ends of justice. 4. Mr. B. Sharma, learned Additional Public Prosecutor for the State, however, submits that there is no bar in proceeding with the complaint case during the pendency of the PRC Case. 5. I have the Counsels and also gone through the records. 6. It is specifically provided under Section 233 of BNSS, 2023, that in a case instituted otherwise on a police report i.e. a complaint case, if it is made to appear before the Magistrate during his enquiry or trial held by him that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such enquiry or trial and call for a report on the matter from the Police Officer conducting the investigation. It is therefore seen that during pendency of complaint case, if the Magistrate finds that a police case is instituted and the investigation is on, the Magistrate will stay the further proceeding of the complaint case and call for a report from the Police Officer. Page No.# 4/5 Under Sub-Section 2 of Section 233, it is further provided that on submission of the report by the Police Officer under Section 193 of the BNSS, 2023, the cognizance of offence is taken by the Magistrate against the person, who is an accused in the complaint case, the Magistrate is duty bound to inquire into or try together both the complaint case and case arising out of police report and the Magistrate would consider both the cases as instituted on police report. It is therefore seen that if cognizance is taken in both the cases, one instituted on police report and one instituted otherwise there on police report, the Court will hear both the matters together. In the instant case, the FIR was lodged on 16.04.2025 and the charge sheet was submitted and the cognizance of offence was also taken. Similarly, the complaint case, which was filed later i.e. on 23.12.2025 was also taken cognizance of for the offence against the petitioner. 7. As such following the mandate of Section 233 of BNSS, the learned Court should try both the cases together by considering both the case instituted on a police report. 8. As such, the Judicial Magistrate First Class, Gohpur who is in seisin of the case registered under the police report would also try together the complaint case being Complaint Case No. 82/2025 pending before the Court of Sub- Divisional Judicial Magistrate, Gohpur as well as the case arising out of the Page No.# 5/5 police report. 9. With the above direction, the petition is disposed of. JUDGE Comparing Assistant