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GAHC010006962026

2026:GAU-AS:1100

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Tr.P.(Crl.)/6/2026

FOKHORUDDIN ALI AHMED

S/O. LATE INTAZUDDIN AHMED, PERMANENT RESIDENT OF VILLAGE

WARD NO. 2, BORTALOWA, P.O. DHALIGAON, P.S. KAJALGAON, CHIRANG,

PIN 783385, ASSAM, AND PRESENTLY RESIDING AT FLAT 1(C), EUREKA

ASHIYANA, BISHNU RABHA PATH, BELTOLA, P.S. BASISTHA, GUWAHATI-

781028, DIST. KAMRUP (M), ASSAM

VERSUS

SAMSUL HOQUE KHANDEKAR

SON OF LATE MAFIZUDDIN RESIDENT OF VILLAGE SATIPUR P.O-

DHALIGAON, P.S DHALIGAON, P.O KAJALGAON, DIST CHIRANG BTR,

ASSAM, PIN 783385.

Advocate for the Petitioner : MR. S S S RAHMAN, MR. M R SODIAL,MS G SARMAH,MR. S S

A RAHMAN

Advocate for the Respondent : ,

BEFORE

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

30.01.2026

Heard Mr. S.S.A. Rahman, learned counsel for the petitioner.

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2. Mr. Rahman, learned counsel for the petitioner has submitted that the facts and

circumstances of this transfer petition are similar to the facts and circumstances obtaining in

Transfer Petition [Criminal] no. 01/2026 & Transfer Petition [Criminal] no. 02/2026 which have

already been disposed of by Judgments, dated 27.01.2026. Mr. Rahman has further submitted

that the observations made in the Judgments, dated 27.01.2026 would be applicable in the

present transfer petition also.

3. The present petitioner was also the petitioner in Transfer Petition [Criminal] no.

01/2026 & Transfer Petition [Criminal] no. 02/2026 and the proceedings in respect of which

the petitioner sought transfer pertained to complaint cases instituted alleging commission of

the offence under Section 138 of the Negotiable Instruments Act, 1881, as amended, as like

in the present petition.

4. While declining the prayer for transfer the cases in exercise of powers under Section

447 of BNSS, 2023, this Court in the Judgments, dated 27.01.2026 passed in Transfer Petition

[Criminal] no. 01/2026 & Transfer Petition [Criminal] no. 02/2026 has observed as under :-

17. It is always available to the petitioner to seek exemption from personal

appearance and to appear in the proceedings also through electronic mode. As per

Section 530, BNSS, all trials, inquiries and proceedings under the BNSS including

examination of complainant and witnesses can also to be held by electronic mode,

by use of electronic communication or use of audio-video electronic means. The

Gauhati High Court in order to avoid delay in judicial proceedings due to non-

availability of parties, advocates, witnesses and accused physically, has framed ‘the

Gauhati High Court use of Electronic Communication and Audio-Video Electronic

Means Rules [Nyaya Shruti], 2025’ to formalize and enable use of electronic

communication and other audio-video electronic means for the purpose of

conducting trial, inquiry and proceeding under the Bharatiya Nagarik Suraksha

Sanhita, 2023.

18. On a query made by this Court to the learned counsel for the petitioner, Mr.

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Rahman has submitted that the petitioner has neither preferred any application

seeking exemption from personal appearance nor to permit him to appear through

audio-video mode, before the Trial Court till date. In such view of the matter, liberty

stands reserved to the petitioner to prefer an application either to seek exemption

from personal appearance or to appear through audio-video modes etc. during the

proceedings of the two complaint case, save and except on the dates where his

personal appearance is necessary, for the Trial Court’s consideration of such

applications on merits and in accordance with law.

5. As the present transfer petition is wholly covered by the Judgments, dated 27.01.2026,

this transfer petition is dismissed, with the same liberty as observed in paragraph 17 and

paragraph 18 of Transfer Petition [Criminal] no. 01/2026 & Transfer Petition [Criminal] no.

02/2026, quoted above.

JUDGE

Comparing Assistant

Order downloaded on 14-02-2026 02:18:24 AM