Page No.# 1/2 GAHC010044972026 2026:GAU-AS:7755 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./385/2026 SRI VIKASH JAIN SON OF KAMAL CHHABRA, RESIDENT OF KOKRAJHAR TOWN, P.O., P.S. AND DIST. KOKRAJHAR, BTR, ASSAM, PIN-783370 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI SUJIT SHARMA SON OF SRI RADHE SHYAM SHARMA RESIDENT OF WARD NO.3 J.D. ROAD KOKRAJHAR TOWN P.O. P.S. AND DIST. KOKRAJHAR (BTR) ASSAM PIN-78337 Advocate for the Petitioner : MR. A LAL, P GANDHIYA,MS. A BORO,MR A BRAHMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2026 1. Heard Mr. M. Pandit, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Page No.# 2/2 Sanhita, 2023 challenging the order dated 23.12.2025, passed by the learned Additional Chief Judicial Magistrate, Kokrajhar in C.R. (N.I.) Case No.20/2024. 3. The respondent No.2 is the complainant before the Trial Court. Earlier, he wanted to examine one particular witness on his behalf but, later on he filed an application before the Court below stating that his witness could not come to the Court to depose in his favor. Therefore, he wanted to examine one Kamal Barman in the place of his earlier witness. The Trial Court exercising the power under Section 277(2) of the BNSS, 2023, allowed the prayer of the petitioner. 4. I have considered the submissions made by the learned counsel of both sides. 5. This Court is of the opinion that the order of the Trial Court exercising the Power under Section 277(2) of the BNSS, 2023 is jurisdictionally correct and no interference of this Court is necessary in this matter. 6. Therefore, the present criminal petition is found to be devoid of merit and stands dismissed accordingly. JUDGE Comparing Assistant