Crl.Pet./1299/2026 of JESMIN BEGUM Vs THE STATE OF ASSAM AND ANR on 17 September 2026

ORDER

18.09.2026 Heard Mr. G.R.A. Mottaquee, learned counsel for the petitioner and also heard Mr.

B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

2. In this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, read with Article 227 of the Constitution of India, the petitioner has prayed for issuing direction to the learned Trial Court to reschedule/prepone the date of the proceeding of C.R. Case No.309/2026, pending before the Court of learned Judicial Magistrate First Class, Kamrup(M), Guwahati, for taking cognizance as well as consideration of the prayer of the petitioner for issuance of search warrant, for recovering the stridhan articles mentioned in the complaint case.

3. Mr. Mottaquee, learned counsel for the petitioner submits that the petitioner is the wife of the respondent No.2, and she has instituted one complainant case No.309/2026, before the learned Judicial Magistrate First Class, Kamrup (M), Guwahati, for recovering the stridhan properties and to handover the same to her, and upon the said complaint, vide impugned order dated 05.08.2026, the learned Trial Court has fixed the matter on 12.11.2026 for hearing/order on cognizance. Mr. Mottaquee, learned counsel for the petitioner submits that there is urgent necessity of recovering the stridhan articles from the custody of the respondent No.2 herein and since the learned Trial Court has fixed the date on 12.11.2026, there is every possibility of misappropriation of the stridhan articles by the respondent No.2, and under such circumstances, Mr. Mottaquee submits that this petition may be disposed of by allowing the petitioner to file an application before the learned Trial Court to prepone the date and further to direct the learned Court to consider taking cognizance of the offence, and to issue search warrant for recovering the stridhan articles.

4. Having heard the submission of Mr. Mottaquee, learned counsel for the petitioner, this Court has carefully gone through the petition and the documents placed on record, specially the order dated 05.08.2026 and it appears that on that day, the matter was fixed for appearance/hearing. However, the learned Trial Court has fixed the matter again on 12.11.2026 for hearing/order on cognizance. But, according to the learned counsel for the petitioner, there is urgency in the matter of recovering the stridhan articles, otherwise there is possibility of misappropriation of the same by the respondent herein.

5. Accordingly, taking note of the submission of Mr. Mottaquee, learned counsel for the petitioner and also the submission of Mr. Sarma, learned Addl. P.P., this Court is inclined to dispose of this petition by granting liberty to the petitioner to approach the learned Trial Court by filing a petition to prepone the date of hearing/order on taking cognizance and on such petition being filed, the learned Trial Court shall prepone the date of hearing and consider the prayer in accordance with law considering the urgency of the matter. Comparing Assistant Sd/- Robin Phukan JUDGE