Gauhati High Court
Mohammed Badruddin Ajmal vs Kamalakhya Dey Purkayastha And 2 Ors on 1 August, 2025
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GAHC010021472025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./100/2025
MOHAMMED BADRUDDIN AJMAL
S/O LATE AJMAL ALI HAJI ABDUL MAJID, RESIDENT OF VILLAGE
DONKIGAON, PO AND PS HOJAI, DIST HOJAI, ASSAM 782435
VERSUS
KAMALAKHYA DEY PURKAYASTHA AND 2 ORS.
S/O LATE KAUSHIK RANJAN DEY PURKAYASTHA RESIDENTOF SUBHASH
NAGAR, SRIBHUMI (KARIMGANJ) TOWN, PO AND PS SRIBHUMI
(KARIMGANJ) , DIST SRIBHUMI (KARIMGANJ) , ASSAM 788710
2:THE STATE OF ASSAM
REPRESENTED BY PP
ASSAM
3:THE OFFICER IN CHARGE
KARIMGANJ POLICE STATION PO AND PS SRIBHUMI (KARIMGANJ)
DIST SRIBHUMI (KARIMGANJ)
ASSAM
PIN78871
Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y
AHMED
Advocate for the Respondent : PP, ASSAM, MD. A H LASKAR (R-1),MRS. S GOSWAMI (R-
1),MR. R GUPTA (R-1)
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BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
01.08.2025
1. Heard Mr. M.K. Hussain, learned counsel for the petitioner and Ms. S. Goswami, learned counsel for the respondent no.1/private respondent.
2. Mr. M.K. Hussain, learned counsel for the petitioner submits that they are aggrieved by the criminal proceeding regarding defamation initiated at the instance of the informant/respondent 1 through a police investigation; further submitting that the same is not permissible as per the settled law.
3. Ms. S. Goswami, learned counsel for the respondent no.1/private respondent submits that they have received the copies, but that some pages i.e. page nos. 8 and 9 are not available and seeks complete set of the documents.
4. The prayer is allowed.
5. The petitioner's side has furnished the same, which is accepted by the learned counsel for the respondent no.1/private respondent.
6. Perused the copy of the police report and the complaint/ejahar before Karimganj Police Station resulting in registration of Karimganj PS Non FIR Part-III Case No.2/2022.
7. Prima-facie, I am of the considered opinion that perhaps till Page No.# 3/3 the next date, the further proceedings in CR Case No.1007/2022, pending before the learned Court of Additional Chief Judicial Magistrate, Sribhumi(Karimganj) shall remain stayed.
8. List the matter again in the first week of September, 2025.
JUDGE Comparing Assistant