Page No.# 1/3 GAHC010214802019 2026:GAU-AS:562 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1021/2019 BADRUL ALI S/O. LT. MOHAMMAD ALI, R/O. NALBARI TOWN, BEAR SUB-REGISTRAR OFFICE, P.S. NALBARI, DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY PP, ASSAM. 2:RATAN BARMAN S/O. LT. NABIN BARMAN R/O. BIDYAPUR WARD NO.3 NALBARI P.S. NALBARI DIST. NALBARI ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MD R ALI,MR. P K DAS,MR. N MAHAJAN Advocate for the Respondent : PP, ASSAM, MR P K SARMA (R-2),MR D S DEKA (R-2),MR. P K SARMA (r-2),MR R S CHAUHAN (r-2) B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Page No.# 2/3 19.01.2026 Heard Mr. P Bora, counsel for the petitioner. Also heard the learned Addl. Public Prosecutor. 2. This Criminal Petition has been directed against the Order dated 31.05.2019, passed by the learned Senior Judge, Nalbari in Crl. App. No. 8/2010 whereby an appeal filed by the petitioners had been dismissed due to non- prosecution. It was submitted on the previous date by learned counsel for the respondent that he has no objection if the matter is remanded back to the Appellate Court for decision on merits and the learned counsel for the petitioner was granted time to obtain instructions. 3. Today, the learned counsel for the petitioner has appeared and submitted that the matter may be remanded back to the Appellate Court for a decision on merits. 4. Having regard to the same, this instant criminal petition disposed of by setting aside the impugned order dated 31.05.2019 passed by the learned Sessions Judge, Nalbari, in connection with Criminal Appeal No. 8/2010. 5. It is further directed that the said appeal shall be heard on merits and accordingly disposed of and the parties are directed to appear before the Page No.# 3/3 learned Appellate Court on 24.02.2026. 6. The criminal petition stands disposed of. JUDGE Comparing Assistant