Page No.# 1/3 GAHC010087352026 2026:GAU-AS:6430 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./630/2026 KEWELO U KROME D/O LT. HENSHU KROME, R/O HOUSE NO 15 B, SEITHEKE BASA CHUMUKEDIMA, NAGALAND. VERSUS UTPAL JOTI SUT AND 2 ORS SON OF SRI DANDADHAR SUT 2:DIPAMONI SUT WIFE OF SRI DANDADHAR SUT BOTH ARE RESIDENTS OF AMONI NO. 4 AMLOKI P.S. SAMAGURI DIST. NAGAON ASSAM 3:THE STATE OF ASSAM REP. BY THE PP ASSA Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 1. Heard Mr. S. M. Abdullah P, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, prayed for setting aside the order dated 10.06.2025, passed by the learned Judicial Magistrate First Class, Bokajan, Karbi Anglong, Assam in Misc. Case No.02/2025. 3. Earlier, the case was pending on Dimapur in the state of Nagaland. Thereafter, the respondent filed a transfer application before this Court being Transfer Petition (Criminal) No.09/2023, this Court directed transfer of the case to the Court at Bokajan. 4. The present petitioner was waiting to be summoned by the Court of Bokajan. 5. The Trial Court did not issue any summons to the present petitioner in spite of that, the absence of the petitioner, the case was dismissed on 10.06.2025. 6. I have considered the submissions made by the learned counsel for both sides. 7. When a case is transferred to the Court, it is the duty of the Court to issue notice to the parties. It is wrong on the part of the Court to assume that since the transfer petitioner was within the knowledge of both sides, they would automatically appear before the Trial Court without being served a notice. Page No.# 3/3 8. For the aforesaid reasons, the order dismissing the case by the Trial Court is set aside. 9. The Trial Court is directed to issue a notice to the parties, who is still absent in the Court till now and after that the Trial Court shall proceed to dispose of the case in accordance with the procedure as laid down by law. 10. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant