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2025 DAILYLAW 11904 (GAU)

ASIA BEGUM @ MARJINA BEGUM @ PINKY @ AMIYA v. THE STATE OF ASSAM AND ANR

Crl.Pet./527/2025 · 2025-05-05

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010095182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./527/2025 ASIA BEGUM @ MARJINA BEGUM @ PINKY @ AMIYA D/O- ANSER ALI, R/O- VILL- MENATTARY, P.S. AND DIST.- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SI(P) BISHNU PRASAD BHUYAN P.S- PATACHARKUCHI. DIST.- BAJALI ASSAM Advocate for the Petitioner : MR N AHMED, M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR. N. J. DUTTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.05.2025 1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special POCSO Case No.96/2023, pending in the Court of learned Special Judge, Bajali, Assam. 3. The petitioner claims that she never received summons issued by the Trial Court and the Court issued non-bailable warrant of arrest against her. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and claims that she deserves to be given one opportunity to that effect. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioner is interested in facing the Trial, she deserves to be given one opportunity to that effect. 7. The application filed by the petitioner is allowed. 8. Impugned order directing issue of non-bailable warrant of arrest against the present petitioner Asia Begum @ Marjina Begum @ Pinky @ Amiya in respect of Special POCSO Case No.96/2023 are set aside. Page No.# 3/3 9. The petitioner Asia Begum @ Marjina Begum @ Pinky @ Amiya is directed to appear before the learned Special Judge, Bajali, Assam in respect of Special POCSO Case No.96/2023 within next 10 (ten) days from today. 10. On her appearance, the petitioner Asia Begum @ Marjina Begum @ Pinky @ Amiya shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Bajali, Assam. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant