Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 12898 (GAU)

JIAUR RAHMAN @ JIABUR RAHMAN AND 3 ORS v. THE STATE OF ASSAM

AB/1131/2025 · 2025-06-19

Susmita Phukan Khaund

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010108892025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1131/2025 JIAUR RAHMAN @ JIABUR RAHMAN AND 3 ORS S/O- LATE KALIMUDDIN SHEIK. R/O- VILL.- AMTOLI BANGALIGAON, P.S.- DEKHIAJULI, DIST.- SONITPUR, ASSAM 2: HABIBUR RAHMAN S/O- LATE KALIMUDDIN SHEIK. R/O- VILL.- AMTOLI BANGALIGAON P.S.- DEKHIAJULI DIST.- SONITPUR ASSAM 3: BACHED ALI S/O- MALEK UDDIN. R/O- VILL.- AMTOLI BANGALIGAON P.S.- DEKHIAJULI DIST.- SONITPUR ASSAM 4: AHAJUDDIN S/O- MOJA SHEIKH. R/O- VILL.- AMTOLI BANGALIGAON P.S.- DEKHIAJULI DIST.- SONITPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN,MS G TALUKDAR Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20.06.2025 Learned counsel Ms. G Talukdar is present for the petitioner. Mr. P Borthakur, learned Additional Public Prosecutor, Assam is present for the State of Assam. This application under Section 482 of the B.N.S.S, 2023 is filed by the petitioners namely, (1) Jiaur Rahman @ Jiabur Rahman, (2) Habibur Rahman, (3) Bached Ali, and (4) Ahajuddin under Section 482 of the B.N.S.S, 2023 who are apprehending their arrest in connection with Dhekiajuli P.S Case No. 91/2025, under Sections 115(2)/117(2)/109(1)/3(5) of the B.N.S, 2023. The gist of accusation in this case is that on 22.03.2025, one Albish Horo had lodged an FIR before the Officer-in-charge of Rakhyashmari Police Station, inter alia, alleging that on the previous day morning at about 7:00 AM, there was some altercation of the informant with the petitioners, during which the petitioner No. 1, Jiaur Rahman had assaulted the informant. It is also stated in the FIR that the informant also assaulted back to the said Jiaur Rahman as a measure of private defence. Further, it is also alleged in the FIR that the other accused persons have also assaulted him, the informant who had sustained injuries on his right leg. The learned counsel for the petitioners submits that there was an altercation between the informant and the petitioners, on the issue of the pigs of the informant, damaging the crops of the present petitioners and, in the said Page No.# 3/3 altercation, the petitioner No. 1 sustained injuries on his person and, accordingly, he had lodged an FIR against the informant on 22.03.2025. He submits that though both parties sustained injuries, the informant did not sustain any grievous injury. He also submits that the petitioners are ready to cooperate in the investigation. I have scrutinized the Case Diary. I have also considered the submissions at the bar with circumspection. The petitioners have appeared before the I/O and their statements have been recorded. The petitioners have not violated any bail conditions. Considering all aspects, the interim order dated 23.05.2025 is hereby made absolute under the same terms and conditions. Send back the Case Diary. JUDGE Comparing Assistant