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2025 DAILYLAW 16902 (GAU)

GAJIUR RAHMAN AND 4 ORS v. THE STATE OF ASSAM AND 2 ORS.

Crl.Pet./938/2025 · 2025-08-03

Manish Choudhury

body2025

Judgment text

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Page No. 1/3 GAHC010169272025 2025:GAU-AS:10112 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./938/2025 GAJIUR RAHMAN AND 4 ORS SON OF SANMAL ALI R/O VILL AND P.O. GHANSHIMOLI P.S. KHARUPETIA DIST. DARRANG, ASSAM 2: AMIRUL AHMED SON OF NAJIMUDDIN AHMED R/O VILL AND P.O. GHANSHIMOLI P.S. KHARUPETIA DIST. DARRANG ASSAM 3: ABBAS ALI S/O LATE ALI HUSSAIN R/O VILL AND P.O. GHANSHIMOLI P.S. KHARUPETIA DIST. DARRANG ASSAM 4: MORIUM BEGUM W/O BILLAL ALI @ BILLAL HUSSAIN R/O VILL AND P.O. GHANSHIMOLI P.S. KHARUPETIA DIST. DARRANG ASSAM 5: DILBAR ALI S/O AKKAS ALI MUNCHI R/O VILL- KHETESWAR P.O. AND P.S. KHARUPUETIA DIST. DARRANG ASSAM Page No. 2/3 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PP, ASSAM 2:RAMESWAR DEKA S/O LATE TANKESWAR DEKA R/O VILL- NO. KOPATI GRANT P.O. SILBORI P.S. DALGAON DIST. DARRANG ASSAM PIN-784115. 3:SALAUR RAHMAN S/O SAIDUR RAHMAN R/O IVLL- KHETESWAR P.O. AND P.S. KHARUPETIA DIST. DARRANG ASSAM PIN-784115 Advocate for the Petitioner : MR A ALI, MS. M KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 04.08.2025 Heard Mr. A. Ali, learned counsel for the petitioners and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent State. The proceedings of C.R. Case no. 178/2025 is presently before the learned Judicial Magistrate, First Class, Darrang, Mangaldoi has been challenged in this criminal petition. On perusal, the copy of the complaint filed complaint case, C.R. Case no. 178/2025 has been annexed in part. The entire copy of the complaint has not been found annexed to the criminal petition. In such view of the matter, this Court is of the considered view that the criminal petition cannot be entertained as the entire copy of the complaint is not annexed. Page No. 3/3 Mr. Ali, learned counsel for the petitioner has submitted that the petition be granted leave to withdraw this petition with the liberty to file afresh with the copy of the entire complaint. In view of the liberty so sought for, this criminal petition is dismissed on withdrawal, with the liberty, as prayed for. JUDGE Comparing Assistant