Page No.# 1/3 GAHC010129602026 2026:GAU-AS:9351 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./945/2026 BHUBANESWAR RAY AND ANR S/O-INDURAM ROY, R/O-VILL-CHECHAPANI, SIDOLSOTI, P.S-ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN- 783380 2: BIKASH KUMAR MAHATO S/O- LATE GOGINDER MAHATO R/O- VILL BHAKRIVITA WARD NO. 17 P.O. P.S. DIST BONGAIGAON ASSAM PIN- 783380 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:WSI (P) ROSE BASUMATARY D/O DILIP BASUMATARY NORTH SALMARA POLICE OUT POST P.S. ABHYAPURI DIST BONGAIGAON PIN-78338 Advocate for the Petitioner : MR. S C BISWAS, MR. P S BISWAS,MS. J GHOSH,MS. R DEVI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26-06-2026 Heard learned Senior Counsel Mr. S.C. Biswas on behalf of learned counsel Ms. K.L.R. Yanthan for the petitioners 1. Bhubaneswar Ray and 2. Bikash Kumar Mahato, who have filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for quashing the proceeding of PRC Case No. 161/2025 arising out of Abhayapuri Police Station Case No. 22/2022 under Sections 318(4)/217/248 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard learned Additional Public Prosecutor Ms. S.H. Bora for the State of Assam. 3. The FIR unfolds that on 09.01.2025, the rider of vehicle bearing registration No. AS-19D-7987 hit the informant’s brother’s motorcycle bearing registration No. AS-19K-3585, who sustained head injuries and finally, succumbed to the fatal injuries while undergoing treatment at GMCH. After investigation, it was found that the owner of the vehicle bearing registration No. AS-19D-7987 is Bhubaneswar Ray and a case was registered against him. At present, the owner (petitioner No. 1) as well as another person, an advocate, Bikash Kumar Mahato (petitioner No. 2), have been charge-sheeted in connection with this case. 4. It is submitted that the petitioners are not responsible for the incident and thereby, the petitioners have prayed to quash the entire PRC Case No. 161/2025. It is submitted that the petitioners are not at all responsible for the Page No.# 3/3 accident. The petitioner No. 1s’ vehicle was hit by the other motorcycle driven by the informant’s brother. 5. I have considered the submissions at the bar with circumspection. 6. It is submitted that charge sheet has been laid and summonses have not been issued against the petitioners. It appears that the same issue may be raised before the learned Trial Court during the consideration of charge. At this juncture, this Court cannot conclusively decide by delving into the statements of the witnesses under Section 180 of the BNSS, if any offence has been made out against the petitioners, in a petition under Section 528 of the BNSS. The Trial Court is the best court to decide while considering the charges relating to the same issue raised by the petitioners. 7. Thereby, this case is remanded back to the learned Trial Court and the same issue may be raised by the petitioners through an application before the Trial Court with prayer for discharge and the Trial Court may consider the petition in accordance with law. If the period of limitation has elapsed, the limitation may be waived as this case was pending for consideration before this Court. 8. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant