Page No.# 1/3 GAHC010233882024 2026:GAU-AS:4524 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1334/2024 FAKAR UDDIN S/O LATE ABDUL KHALIQUE, R/O VILL- JUHAIRKANDI, P.O.-JADUTILA, P.S.-KARIMGANJ, DIST- KARIMGANJ, ASSAM, PIN-788720 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MS. RATNA RANI DAS W/O LT. KHUKENDRA RAM DAS R/O VILL- NAYATILLA CHANDIDAS P.O.-JADUTILLA P.S. AND DIST- KARIMGANJ ASSAM PIN-78872 Advocate for the Petitioner : MR. D DAS SR. ADV, MS S SHARMA,MR. K MOHAMMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.03.2026 1. Heard Mr. D. Das, learned Senior Counsel assisted by Mr. K. Mohammed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.525/2024 pending in the Court of the learned Chief Judicial Magistrate, Sribhumi. 3. The Court of the Chief Judicial Magistrate, Sribhumi has taken cognizance of the offences under Sections 354/294/506 of the Indian Penal Code read with Section 3 (1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the present petitioner. 4. Learned counsel for the petitioner has pointed towards the notification issued by the Judicial Department, Government of Assam, dated 16th September, 2011. According to this notification, the offences under the Provisions of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 are triable by the Court of the learned District & Sessions Judge. Therefore, the learned Chief Judicial Magistrate should have committed this case to the Court of the District & Sessions Judge, Sribhubmi. 5. Therefore, the impugned order dated 04.03.2024 is bad in law and stands set aside. Page No.# 3/3 6. The learned Chief Judicial Magistrate, Sribhumi shall committee the case to the Court of the learned District & Sessions Judge, Sribhumi. 7. The petitioner, Fakar Uddin is directed to appear before the Court of the learned District & Sessions Judge, Sribhumi after commitment of the case before the Court of learned Chief Judicial Magistrate, Sribhumi in respect of PRC Case No. 525/2024 and on his appearance, the petitioner shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned District & Sessions Judge, Sribhumi. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant