Page No.# 1/3 GAHC010117842026 2026:GAU-AS:8496 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./312/2026 SARMILA ROY @ SHARMILA ROY, DAUGHTER OF LATE RABINDRA CHANDRA ROY AND WIFE OF AMAR DUTTA, RESIDENT OF DHEKIAJULI, WARD NO.4, P.S. DHEKIAJULI, DISTRICT - SONITPUR, ASSAM, PIN - 784110. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI BISWAJIT SAHA SON OF SRI PARIMAL SAHA RESIDENT OF VILLAGE - MITHAM BANGALI P.S. - DHEKIAJULI DISTRICT - SONITPUR ASSAM PIN - 784110 Advocate for the Petitioner : MR. S C BISWAS, MR. MEHUL SHAH,MS. J GHOSH,MS A DAS,MS. S. CHANDA,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.06.2026 1. Heard Mr. S. C. Biswas, learned counsel for the petitioners. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 442 and 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 25.03.2026, passed by the learned Judicial Magistrate First Class, Sonitpur, Tezpur in G. R. Case No.1048/2025, arising out of Dhekiajuli P.S. Case No.188/2025. 3. An object was stolen from the premises of the petitioner. She lodged an FIR before Police. Police filed the final report because the said stolen object was not recovered during investigation. After receipt of the final report, the Court below issued a notice to the present petitioner. 4. On the date fixed for her appearance, a member of the Tezpur Bar Association had passed away and no counsel appeared before the learned Trial Court. Thereafter, the Trial Court fixed a dated on 25.03.2026, which was not in the knowledge of the petitioner. 5. On 25.03.2026 when she failed to appear, the Court held that the petitioner was not willing to proceed with the matter and the final report was accordingly accepted. The petitioner submits that on the day when the Court was not functioning because of the death of the lawyer, the Court fixed the matter on a particular date and she did not have the knowledge about that date. Page No.# 3/3 6. Considering the aforesaid facts, the impugned order is set aside. 7. The Trial Court is directed to hear the petitioner before proceeding further of the matter. After hearing the petitioner, the Trial Court shall pass the necessary order. 8. With the aforesaid direction, this criminal revision petition stands disposed of. JUDGE Comparing Assistant