Page No.# 1/4 GAHC010027042026 2026:GAU-AS:2394 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./57/2026 SRI BHABESH KALITA S/O LT. KHAGENDRA NATH KALITA R/O FLAT NO. 302 C, VISTA GARDEN, BANPHOOL PATH, LAST GATE, GUWAHATI-781006 P.S.- DISPUR, DIST- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18-02-2026 Heard Mr. N. K. Kalita, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Sections 438 and 442 read with Section 528 of BNSS, 2023, whereby the prayer for quashing of the impugned order dated 31.12.2025, passed by the learned CJM, Golaghat in G.R. Case No. 591/2025 arising out of Numuligarh Rural P.S. Case no. 98/2025, whereby the prayer of the petitioner for defreezing the Loan Account was allowed and the prayer for defreezing the salary account was rejected. 3. It is submitted by Mr. Kalita, learned counsel that during investigation of this case, considering the prayer made by the I.O., the loan account as well as the salary account of the petitioner was freezed by the learned Trial Court. However, considering the prayer of the petitioner, the learned CJM, Golaghat had de-freezed the loan account of the petitioner vide its order dated 31.12.2025 with an observation that it is case where the allegation of rape has been brought and hence, there is no necessity for freezing the accounts of the petitioner as it is not related to any offence against any property. But inspite of the said observation, the salary account of the petitioner is still freezed with a direction for freezing the salary account of the petitioner till completion of the investigation. 4. But at this stage the investigation has already been completed and accordingly, he submitted that this case is not related with any economic Page No.# 3/4 offence, nor related to any property and hence, prayed for defreezing the salary account of the petitioner. 5. Mr. Das, learned APP submitted in this regard that vide order dated 31.12.2025 the salary account of the petitioner was freezed till completion of the investigation and at this stage the case has already been charge sheeted and as per the note of the I.O. it is stated that defreezing of the salary account of the present petitioner will also not affect the case at this stage as investigation is already over and charge sheet in the case has already been submitted vide Charge Sheet No. 06/2026 under Sections 316(2)/351(2)/64/81 dated 11.02.2026. 6. Heard the submissions made by the learned counsel for both sides. It is seen that during the investigation of the case both the loan account as well as the salary account of the petitioner was freezed considering the prayer of the I.O., however, on the petition filed by the petitioner, the learned CJM, Golaghat had defreezed the loan account of the petitioner with an observation that case is related with rape and not against any property or any economic offence. But while defreezing the loan account, it was observed by the learned Trial Court that freezing of the salary account may be required till completion of investigation as it was submitted by the I.O. that the petitioner may hamper or tamper with the witnesses, if his salary account is not freezed during investigation. But from the submission made by the learned Addl. PP and from the report of the I.O. it is seen that case has already been charge sheeted after completion of the investigation. More so, considering the nature of allegation brought against the present petitioner, this Court is of the opinion that freezing of the salary account of the petitioner is not at all required at this stage and hence the salary account of the petitioner may be defreezed and in view of Page No.# 4/4 above, the learned Trial Court is hereby directed to pass necessary instructions/directions to the concerned Bank authority for taking necessary steps for defreezing the Salary Account of the petitioner Vide No. 11288863230 with IFSC Code No. SBIN0005377, SBI, Numuligarh Refinery Complex, which was subsequently transferred to Dispur Branch with IFSC Code No. SBIN000303 which was freezed in connection with this case. 7. With the above observation and direction, this criminal revision petition stands disposed of. JUDGE Comparing Assistant