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2025 DAILYLAW 11660 (GAU)

RUKIA KHATUN v. THE STATE OF ASSAM

Crl.Pet./499/2025 · 2025-04-30

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010091152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./499/2025 RUKIA KHATUN VILL BOROBILA PS- MAKACHAR, DIST SOUTH SALMARA MANKACHAR PIN-783131 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 01.05.2025 Heard Mr. A.Z. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Page No.# 2/2 No.66/2025 arising out of Mankachar P.S. Case No.221/2024 pending in the court of learned Chief Judicial Magistrate, South Salmara, Mankachar. 3. The petitioner lady has been shown as an absconder in the charge sheet. She received summons. She now apprehends that if she appears before the court of learned CJM, South Salmara, Mankachar, she will be remanded to custody because she has been shown as absconder in the charge sheet. The petitioner submits that she deserves to be given an opportunity to contest the case. 4. I have considered the submissions made by the learned counsel of both sides. 5. Since, the petitioner, being a woman, if interested to face the trial, she should be given one opportunity to that effect. Therefore, her application is allowed. 6. The petitioner Rukia Khatun is directed to appear before the trial court of Chief Judicial Magistrate, South Salmara, Mankachar in respect of PRC No.66/2025 within next 10(ten) days from today. On her appearance before the said court, she will be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the said court i.e. CJM, South Salmara, Mankachar. With the aforesaid direction, the criminal petition is disposed of. JUDGE Comparing Assistant