Page No.# 1/3 GAHC010065382026 2026:GAU-AS:4989 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./497/2026 BINOD PRASAD KURMI S/O LAXMAN PRASAD KURMI R/O MORIKOLONG CHARIALI P.S. MORIKOLONG DISTRICT NAGAON, ASSAM PIN-782001 VERSUS MONIKA RAI D/O RAM NARAYAN RAI W/O BINOD PRASAD KURMI R/O WARD NO. 5, BOKAJAN P.S. AND P.O. BOKAJAN DISTRICT KARBI ANGLONG, ASSAM Advocate for the Petitioner : DARAK ULLAH, MR. UDDYAN BHATTACHARYYA,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 1. Heard Mr. D. Ullah, learned counsel for the petitioner. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the orders dated 03.07.2023, passed by the learned Page No.# 2/3 Judicial Magistrate First Class, Bokajan, Karbi Anglong in DV Case No.08/2022 and 03.07.2023 passed by the learned Judicial Magistrate First Class, Bokajan, Karbi Anglong in Misc. Case No.07/2022. 3. Smt. Monika Rai filed the said DV case as well as the Misc. Case under Section 125 of the Cr.PC. Thereafter, the opposite party, i.e., Binod Prasad Kurmi filed a transfer petition before this Court being Transfer Petition (Criminal) No.10/2023. 4. On 07.06.2023, this Court stayed the further proceedings of the said DV Case as well as the Misc. Case. Ultimately, on 08.11.2024, the said transfer petition was dismissed but, during pendency of the said transfer petition, the DV Case as well as the Misc. Case was finally disposed of by the Trial Court in spite of the stay order dated 07.06.2023. 5. I have considered the submissions made by the learned counsel for the petitioner. 6. This Court is of the opinion that the final orders passed by the learned Judicial Magistrate First Class, Bokajan, Karbi Anglong in DV Case No.08/2022 and Misc. Case No.07/2022 is against the terms of the judicial propriety. Both those orders were passed, when there was a stay order granted by this Court. 7. Therefore, the said orders cannot stand in the eyes of law. 8. Under the given circumstances, the order dated 03.07.2023, passed by the learned Judicial Magistrate First Class, Bokajan, Karbi Anglong in DV Case No.08/2022 and the order dated 03.07.2023, passed by the learned Judicial Magistrate First Class, Bokajan, Karbi Anglong in Misc. Case No.07/2022 are set aside. Page No.# 3/3 9. The trial Court is directed to have a de novo trial in both the cases. 10. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant