Page No.# 1/2 GAHC010103252026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./285/2026 SRI LACHIT GOGOI SON OF LATE ASHOK GOGOI, A RESIDENT OF ATALPATHER, GHORAJAN, IN THE DISTRICT OF CHARAIDEO, ASSAM, INDIA. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, HOME) 2:SRI RAFEL AHMED ASI SON OF LATE IMMANUDDIN AHMED C/O- OFFICER-IN-CHARGE OF GOLAGHAT POLICE STATION GOLAGHAT P.S. CAMPUS GOLAGHAT ASSAM INDI Advocate for the Petitioner : MR G G GOGOI, A TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.06.2026 Heard Mr. G G Gogoi, the learned counsel appearing for the petitioner. Also Page No.# 2/2 heard Mr. D P Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 438 read with Section 442 of the BNSS, 2023 praying for giving custody of a mobile phone that was seized in connection with Diphu P.S. Case No.79/2023. 3. Today, the Investigating Officer has sent a report stating that the case involves audio conversations between two persons and the seized handset is vital for investigation of the case. 4. The report of the Investigating Officer is marked as “X” and shall form a part of the record. 5. The Investigating Officer has stated that the seized mobile phone will be required for investigation of the case and therefore, there cannot be any question of handing over the mobile phone to the petitioner because the same would hamper free and fair investigation of the case till commencement of trial. 6. Thus, the prayer for quashing and setting aside the impugned order dated 25.02.2026 passed by the learned Chief Judicial Magistrate, Karbi Anglong in G.R. Case No.423/2023 arising out of Diphu P.S. Case No.79/2023 is rejected at this stage. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant