Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 5 September, 2024
Page No.# 1/4
GAHC010176972024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1092/2024
MD HAFIZUDDIN AHMED AND 4 ORS
S/O MD. ABDUL HANIF ALI
R/O JAYANTIPUR GAON
P.O. KUWORITOL
P.S. KALIABOR
DIST. NAGAON, ASSAM
PIN-782137
2: SMTI. RINKU BEGUM
W/O HAFIZ ALI @ IKRAM HUSSAIN
R/O LANGICHUK
SILGHAT ROAD
P.S. KALIABOR
P.O.KUWORITOL
DIST. NAGAON
ASSAM
PIN-782137
3: SMTI. MOMY BEGUM
D/O HAFIZ ALI @ IKRAM HUSSAIN
R/O LANGICHUK
SILGHAT ROAD
P.S. KALIABOR
P.O. KUWORITOL
DIST. NAGAON
ASSAM
PIN-782137
4: SMTI. SALMA SULTANA
Page No.# 2/4
D/O HAFIZ ALI @ IKRAM HUSSAIN
W/O KAMAL HASSAN
R/O LANGICHUK
SILGHAT ROAD
P.S. KALIABOR
P.O. KUWORITOL
DIST. NAGAON
ASSAM
PIN-782137
5: ANJUM AHMED
S/O ABDUL HANIF ALI
R/O JAYANTIPUR GAON
P.S. KALIABOR
DIST. NAGAON
ASSAM
PIN-78213
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:MEHNAA @ MEHNAAZ SULTANA
D/O MD. MAINUDDIN
W/O MD. HAFIZUDDIN AHMED
R/O JAYANTIPUR GAON
P.S. KALIABOR
DIST. NAGAON
ASSAM
PIN-78213
Advocate for the Petitioner : MR. P MAHANTA, V KHAKHALARY,C SARMA,MR J K
BORDOLOI
Advocate for the Respondent : PP, ASSAM,
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 05.09.2024 Heard Mr. P. Mahanta, learned counsel, appearing on behalf of the petitioners. Also heard Mr. K. K. Parasar, learned Addl. P.P., Assam, who appears and accepts notice on behalf of respondent No. 1.
The present application has been instituted by the petitioners, herein, under Section 528 of the Bharatiya Nyaya Sanhita, 2023, praying for quashing of the First Information Report(FIR) in Kaliabor Police Station Case No. 16/2024 u/s. 498(A)/34 of the Indian Penal Code, along with a challenge to an order, dated 18.05.2024, by which the learned Judicial Magistrate, First Class, Kaliabor, had taken cognizance of PRC Case No. 157/2024 u/s. 498(A)/34 of the Indian Penal Code.
Issue notice, returnable in 4 weeks.
Petitioners to take steps for service of notice upon the respondent No. 2 by registered post with A/D within 3 working days from today On consideration of the materials brought on record; it is revealed that the respondent No. 2 had earlier lodged a First Information Report(FIR) containing similar allegations against the petitioner and his family members which on being charge-sheeted was considered by the Court of the learned Judicial Magistrate, First Class, in G.R. Case No. 549/2014 and vide judgment, dated 25.02.2015; the petitioner and his family members were acquitted of the offences so alleged against them, therein.
Page No.# 4/4 It is seen that subsequently, the First Information Report (FIR), dated 04.02.204, was lodged by the respondent No. 2, herein, leading to registration of Kaliabor Police Station Case No. 16/2021, u/s. 498(A)/34 of the Indian Penal Code.
The respondent No. 2 has also filed a D.V. No. 102/2023, before the Court of learned Sub-Divisional Judicial Magistrate, Kaliabor, which is stated to be pending.
In view of the above position; this Court is of the prima facie view that the petitioners have made-out a case for an interim direction in the matter.
Accordingly, till the returnable date; it is directed that further proceedings in PRC Case No. 157/2024 u/s. 498(A)/34 of the Indian Penal Code, presently pending disposal before the Court of the learned Judicial Magistrate, First Class, Kaliabor, shall remain stayed.
List it again after 4 weeks on a date to be fixed by the Registry.
JUDGE Comparing Assistant