GUWAHATI, India, Feb. 7 -- Gauhati High Court issued the following order on Jan. 7:

1. Heard Mr. G. Chamuah, learned counsel for the petitioner; Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam; and Mr. P. Baruah, learned counsel for the respondent no. 2-informant.

2. On the basis of a First Information Report [FIR] lodged by the respondent no. 2 as the informant, a case, Dhekiajuli Police Station Case no. 208/2025 was registered under Sections 318[4]/336[3]/308[2]/75[2]/351[2] of the Bharatiya Nyaya Sanhita [BNS], 2023 and Section 67[a], Information Technology [IT] Act, 2000. The case was investigated into by a SubInspector of Police attached to the said Police Station. During the course of investigation, the petitioner was arrested and he was allowed to be released on bail after 52 days in custody by an Order dated 15.09.2025 passed by this Court in Bail Application no. 2797/2025.

3. After completing investigation into Dhekiajuli Police Station Case no. 208/2025, a charge-sheet was submitted by the Investigating Officer [IO]. On submission of the chargesheet, the case has been registered as PR Case no. 857/2025. The Court of learned Judicial Magistrate, First Class, Tezpur ['the Trial Court', for short] taking cognizance, issued summons to the petitioner to secure the petitioner's appearance on 18.11.2025 to answer to the charges under Sections 318[4]/336[3]/308[2]/75[2]/351[2]/79, BNS read with Sections 66[C]/67/67[a] of the IT Act.

4. It is after issuance of the summons, the petitioner has preferred the instant criminal petition under Section 447, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking transfer of the proceedings of PR Case no. 857/2025 from the Court of learned Judicial Magistrate, First Class, Tezpur to any other Court of similar jurisdiction nearby Sonitpur District.

5. The primary ground urged on behalf of the petitioner to seek such transfer is that the petitioner and the family members of the petitioner were harassed by the respondent no. 2- informant when they visited the Court premises in order to engage a learned counsel to represent the petitioner for the trial of PR Case no. 857/2025.

6. Mr. Chamuah, learned counsel for the petitioner has submitted that such visit was made after receipt of a summons from the Trial Court fixing the date of appearance of the petitioner on 18.11.2025. To support his submissions, Mr. Chamuah has referred to an FIR, stated to have been lodged before the Officer In-Charge, Tezpur Police Station, on 06.11.2025. He has submitted that the said FIR has only been entered in the General Diary entry vide General Diary Entry no. 10 dated 07.11.2025 and no case has been registered till date.

7. On a query made to Mr. Chamuah, he has submitted that he does not have any knowledge whether due to non-registration of the FIR under Section 173[1], BNSS, the informant, that is, the mother of the petitioner has taken resort to the provisions contained in sub-section [4] of Section 173, BNSS or Section 175[4], BNSS.

8. On perusal of the copy of the summons, annexed to the criminal petition, it is evident that the summons was signed by the Trial Court on 09.10.2025 fixing the appearance of the petitioner as an accused in the Trial of PR Case no. 857/2025 on 18.11.2025. On perusal of the contents of the FIR, stated to have been entered vide General Diary Entry no. 10 dated 07.11.2025, no mention is found about any kind of harassment or obstruction from the respondent no. 2-informant or any of her acquaintances/associates on any date subsequent to 31.07.2025.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6KhaXfskD9X9moQ%2F2dsbUvrZ2m%2FMiKo6czQMtEunUNG&caseno=Tr.P.(Crl.)/41/2025&cCode=1&cino=GAHC010262842025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.