Page No.# 1/3 GAHC010086772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./513/2025 KHAYRUL ISLAM HAZARI S/O LATE MAHMUD ALI HAZARI VILL-MADHURBOND, P.O. AND P.S.SILCHAR, DIST. CACHAR, ASSAM, PIN-788001. PRESENTLY RESIDING AT SATTLEMENT ROAD, P.O. AND P.S. SRIBHUMI, DIST. SRIBHUMI, ASSAM,PIN-788710 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:BILAL AHMED S/O LATE KALA MIA VILL-JAGANNATHPUR P.S. RATABARI P.O. RATABARI DIST.SRIBHUMI ASSAM PIN-78873 Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 23.09.2026 Heard Mr. I. Alam, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent No. 1. 2. In this petition, under Section 528 of the BNSS, 2023, the petitioner has challenged the Charge-sheet No. 200/2021, dated 31.07.2024, in connection with Ratabari P.S. Case No. 149/2020, dated 03.07.2020, under Section 409 IPC and also the proceeding of G.R. Case No. 1620/2020, pending before the Court of learned Judicial Magistrate 1st Class (I), Sribhumi. 3. During the course of hearing, Mr. Alam, learned counsel for the petitioner has produced one certified copy of the order dated 11.03.2026, passed by the learned Judicial Magistrate 1st Class (I), Sribhumi (‘trial Court’, for short), in G.R. Case No. 1620/2020 and PRC Case No. 1774/2024, and submits that the petitioner herein, who challenged the proceeding, has already been discharged by the learned trial Court, under Section 239 of the CrPC, on account of absence of prima facie materials against him. Mr. Alam also submits that in view of the discharge order being passed by the learned trial Court, this present petition becomes infructuous. 4. Accordingly, taking note of the submissions of learned counsel for both the parties, this petition stands closed being infructuous. Page No.# 3/3 5. The certified copy of the order dated 11.03.2026, shall be marked as ‘X’ and tagged with the record. JUDGE Comparing Assistant