Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010018552026
2026:GAU-AS:1668
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/10/2026 DEVAJIT GOHAIN SON OF LATE SHARAT GOHAIN BY RELIGION HINDU, BY OCCUPATION- PROPRIETOR OF DHAKUAKHANA MK POULTARY AND FEEDS RESIDENT OF VILL- DHULPETA,P.O. SONARI CHAPORI, P.S. DHAKUAKHANA, PIN- 787055, DIST. LAKHIMPUR. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SONA GOLD AGRO CHIM PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT MOHALI ROAD KARMALI CHOWK PATNA CITY 603 ASHIANA PLAZA BUDH MARG PATNA BIHAR AND HAVING ONE OF ITS BRANCH OFFICE AT NORTH EAST MEGA FOOD PARK NATHKUCHI 2 TIHU DIST. NALBARI ASSA WHICH MAINTAIN A ACCOUNT AS SRI SONA GOLS AGRO CHIM PVT. LTD. C/O SRI AMAR KASERA JP AXRAY PP PATH RAJENDRA NAGAR PATNA 800016
Page No.# 2/3 WHICH IS REPRESENTED BY ITS BRNACH MANAGER NAMELY RAKESH KUMAR PATEL AND HIS AUTHORIZED PRSON BEING AUTHORIZED OFFICER OF SONA GOLD AGRO CHIM PVT. LTD. NALBARI BRANCH REPRESENTED BY HIRANYA BARMAN S/O KABI BARMAN RESIDENT OF VILL- RUPIABATHA P.A. BELSOR DIST. NALBARI ASSAM Advocate for the Petitioner : MR. P DOWARAH, MR. R B GOHAIN Advocate for the Respondent : PP, ASSAM,
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R
09.02.2026
Heard Mr. R.B. Gohain, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 447 of the BNSS, 2023 praying for transferring the N.I. Case No.186/2023 pending in the court of Sub-Divisional Judicial Magistrate (S), at Nalbari to the court of the Judicial Magistrate at Dhakuakhana. 3. The petitioner Devajit Gohain is an accused before the trial court. He is aged about 44 years. He claimed to be a cardiac patient. He has filed some documents, which show that he was taking medical treatment at New Delhi. He belongs to Dhakuakhana and runs a business under the name and style of Dhakuakhana MK Poultary and Feeds. 4. I have considered the submissions made by the learned counsel of both sides. Page No.# 3/3
5. The complainant before the trial court is a company, not a private person. This Court is of the opinion that the petitioner has filed this transfer petition with a hidden agenda.
He travels to New Delhi for medical treatment but he finds it difficult to come to Nalbari to contest the case. Criminal cases cannot be transferred on the basis of a sweet will of an accused. This Court is of the opinion that this transfer petition is devoid of any merit and therefore, stands dismissed and disposed of accordingly. JUDGE Comparing Assistant