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2025 DAILYLAW 15966 (GAU)

RAMJAN ALI v. THE STATE OF ASSAM AND ANR

Crl.Pet./921/2024 · 2025-07-31

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010154542024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./921/2024 RAMJAN ALI S/O MD. AMZAD ALI, R/O VILL- SISHUBARI, P.S.-AMGURI, DIST- CHIRANG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MERI RABHA W/O LATE SULI RABHA R/O VILL- OUGURI P.S.-AMGURI DIST- CHIRANG ASSA Advocate for the Petitioner : MR. A S TAPADER, MR M AHMED Advocate for the Respondent : PP, ASSAM, MR. H A LASKAR (R-2),MR. S B LASKAR (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 01-08-2025 Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Mr. Mr. P.S. Lahkar, learned Additional Public Prosecutor appearing for the State. Page No.# 2/2 This application under Section 528 of the BNSS for quashing the FIR, Charge-Sheet and all proceeding in connection with Special(P) Case No. 134(BGN)/2023 under Section 366 IPC r/w Section 6 of POCSO Act pending before the learned Special Judge, Bongaigaon. Mr. S.B. Laskar, learned counsel appearing for the informant has submitted an affidavit sworn by the mother of the victim stating that she had lodged the ejahar due to misunderstanding and undue influence of some persons and that the dispute has been amicably settled. It is a case registered under Section 366A IPC read with Section 6 of the POCSO Act, none of which are compoundable offences. It is also fairly conceded that there is material against the accused person. This Court is not inclined to exercise its jurisdiction under Section 528 BNSS for quashing the FIR, Charge-sheet etc., when serious offences, such as, under Section 6 of the POCSO Act, is involved. Learned counsel for the petitioner submits that the accused petitioner will appear before the learned Court below and apply for regular bail and till then some protection may be given. Having regard to the entire facts and circumstances of the case, it is provided that the accused petitioner shall appear before the learned Special Court, POCSO, Bongaigaon within a period of 14 days from today and in the event any bail application is filed before the said Court, the same shall be considered in accordance with law. Till then, the NBWA issued against the petitioner shall not be executed. With the above observation and direction, the criminal petition stands disposed of. The affidavit is kept with the record. JUDGE Comparing Assistant