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2026 DAILYLAW 13806 (GAU)

PRADEEP TANDIA AND ANR v. THE STATE OF ASSAM

Crl.Pet./963/2026 · 2026-09-07

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010133842026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./963/2026 PRADEEP TANDIA AND ANR S/O DEEPAK TANDIA R/O VILLAGE LIMBUGURI, P.S. TINSUKIA DISTRICT TINSUKIA, ASSAM 2: DEEPAK THAPA S/O RAJAN THAPA R/O VILLAGE BAJALTOLI CIRCUIT HOUSE P.S. TINSUKIA DISTRICT TINSUKIA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MS. A BORO,MR BHARGAV DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.09.2026 Heard Mr. Safraz Nawaz, the learned counsel appearing for the petitioners. Also heard Mr. K K Das, the learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of PRC Case No.93/2024 pending in the Court of the learned Judicial Magistrate 1st Class, West Karbi Anglong, Hamren. Page No.# 2/2 3. The petitioners are accused before the trial court. The have claimed that the learned Court below directed that copies of the relevant documents should be furnished to them under Section 207 of the Code of Criminal Procedure. The petitioners have claimed that the copies of the relevant documents were not furnished to them and the trial court framed the charges against them. 4. I have considered the submissions made by the learned counsel of both sides. 5. The provision of law under Section 207 of the Code of Criminal Procedure is a mandatory provision. The copies of the relevant documents must be furnished to the accused before framing charges. Here they claimed that the copies of the relevant documents were not furnished to them. 6. Therefore, the impugned order framing charges against the petitioners is bad in law and stands set aside. 7. The trial court is directed to provide copies of the relevant documents to the petitioners under Section 207 of the Code of Criminal Procedure and after that, the trial court shall hear the parties in the matter of charges and shall pass necessary orders to that effect. With the aforesaid direction, the Criminal Petition is disposed of accordingly. JUDGE Comparing Assistant