Page No.# 1/5 GAHC010085042026 2026:GAU-AS:6046 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./606/2026 MUHAMMAD ARIF UDDIN BARBHUIYAN ALIAS MD ARIF UDDIN BARBHUIYAN ALIAS ARIF UDDIN BARBHUYAN S/O ABDUL HAMID BORBHUIYAN, R/O NILBAGAN, NILBAGAN HOJAI ROAD, PS MURAJHAR, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:SHOHIDUR RAHMAN S/O HAJI MOINUDDIN AHMED R/O VILL JAYANTIA BASTI PO NILBAGAN PS HOJAI DIST HOJAI ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, R MALI,MD A RAHMAN,A MISHRA,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 04.05.2026. Page No.# 2/5 Heard Mr. S. Nawaz, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Addl. P.P., Assam appearing on behalf of the State respondent. This criminal petition under Section 528 read with Section 442 of the BNSS, 2023 is filed seeking for quashing of the order dated 07.04.2026, passed in N.I. Case No.05/2020, by the learned Addl. CJM, Sankardev Nagar, Hojai and consequential orders passed therein. It is submitted by Mr. Nawaz, the learned counsel for the petitioner that the respondent No.2 had instituted a complaint under the N.I. Act, which is pending before the learned Trial Court below, wherein the present accused petitioner had also contested the case. However, it is the plea of the petitioner that on 07.03.2019, he lodged a complaint in the Nilbagan Police Petrol Post regarding loss of his bag, mobile phone, ATM card along with two cheques in question. Accordingly, the I.O. made a GD Entry and also furnished a report in that regard. At the time of recording his statement under Section 313 of the CrPC also, the present petitioner took the same plea that he did not borrow any money from the complainant. Rather, on 07.03.2019, he visited the house of the complainant in connection with his Agarwood business and when he reached Nilbagan, he discovered that he lost his bag alongwith his mobile phone, ATM card along with two cheques and immediately returned to the complainant in search of his bag and other belongings but the complainant denied and then the petitioner left the place and lodged a complaint before the in-charge of the Nilbagan Police Petrol Post on 07.03.2019 and accordingly, a GD Entry was also made. Thereafter, the petitioner exhibited his own evidence and also exhibited some documents and thereafter, he made a prayer before the learned Trial Page No.# 3/5 Court below to adduce the evidence of the in-charge of the Nilbagan Police Petrol Post to exhibit the particular GD Entry, which was made in the said police petrol post after he lodged his complaint. The prayer was also accordingly allowed and in 2/3 occasions he also took steps for procuring the attendance of the said police officer. But in spite of that, the police officer did not turn up, for which the learned Trial Court below also issued a show cause notice to him but instead of receiving any show cause reply etc., vide order dated 07.04.2026, the DW was closed and the matter was fixed for argument. It is submitted by Mr. Nawaz, the learned counsel for the petitioner that if the petitioner is not given a chance for adducing the evidence of the in-charge of the Nilbagan Police Petrol Post, to prove the GD Entry number, which is the most vital document for his defence, prejudice will be caused to him. He further submitted that he took all endeavors to procure the attendance of the police officer as a witness but he could not make him appear before the Court and there was no report at all regarding the service of the notice but the learned Trial Court below only considering the pendency of the case, had closed the DW, though it was observed in the order passed by the learned Trial Court below that steps were taken for procuring attendance of the said police officer. Accordingly, Mr. Nawaz submitted that an opportunity may be given for attendance of the said police officer so that the petitioner could take proper defence plea in the present case. Considering the submissions made by learned counsel for the petitioner and Mr. B. Sarma, the learned Addl. P.P., Assam, I have also perused the case record and the annexure filed along with the present petition. Page No.# 4/5 From the record as well as the annexure filed, it is seen that taking plea in regards to the loss of his bag, the petitioner had also adduced his own evidence with a further prayer for adducing the evidence of the in-charge of the Nilbagan Police Petrol Post for exhibiting the GD Entry, which was made after receipt of his complaint regarding loss of his bag along with mobile phone, ATM card and two cheques. It is seen from the submission as well as from the record that the main defence plea taken by the petitioner is that he lodged a complaint on 07.03.2019 and the GD Entry was accordingly made by the Nilbagan Police Petrol Post, wherein he also lost his two cheques including his bag along with mobile phone, ATM card. If the petitioner is not given a chance for exhibiting the said GD Entry, a prejudice may be caused to the petitioner because that is the only defence plea taken by the petitioner. Considering this aspect of the case, the order of the learned Trial Court below dated 07.04.2026 is hereby recalled and the learned Trial Court below is accordingly directed to give a chance to the present petitioner to adduce evidence of the police officials from the Nilbagan Police Petrol Post. Accordingly, the petitioner will also take fresh steps to issue notice on the police officials from the Nilbagan Police Petrol Post and that may be routed through the office of the concerned P.I. for proper execution. The learned Trial Court below will accordingly fix a date for the same and the evidence of the DW.2 will record accordingly by giving a chance to the present petitioner. Page No.# 5/5 With the above observation and direction, the preset criminal petition stands disposed of. JUDGE Comparing Assistant