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2025 DAILYLAW 21778 (GAU)

HARUN RASHID v. THE STATE OF ASSAM

Crl.Rev.P./514/2024 · 2025-01-28

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/2 GAHC010265942024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./514/2024 HARUN RASHID S/O NAZRUL ISLAM R/O 2 NO. BORBORI P.O. LAHORIGHAT, P.S. LAHORIGHA DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : S AHMED, MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29-01-2025 Heard Ms. A. Hussain, the learned counsel for the petitioner and also heard Ms. S.H. Bora, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/2 2. This is an application under Sections 438 and 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against order dated 10.09.2024 passed by the Court of Smt. M. Gogoi, SDJM(S), Morigaon in connection with Laharighat Police Station Case No. 300/2023 (G.R. Case No. 2087/2023) u/s 419/420/466/468/471/473/474/34 of the Indian Penal Code, 1860, R/W 66C and 66D of Information Technology Act, 2008, rejecting the Zimma Petition i.e. I.A. (Zimma) No. 307/2024 filed by the petitioner for custody of seized Mobile Phone (iPhone). 3. Report received as called for and from the report itself it is seen that the said mobile handset has not yet sent for FSL for examination and more so it is reported by the Investigating Officer i.e. the mobile handset i.e. one Apple iPhone 13 (Pink, 128 GB) is not required or further investigation. 4. In view of this, the petitioner is hereby asked to pray for zimma of the iPhone before the learned Trial Court below and the Court will accordingly pass order accordingly directing the petitioner for indemnity bond or personal bond, if required. Petitioner will accordingly file an application before the learned Trial Court below in that regard. 5. This report be tagged as a part of the record. JUDGE Comparing Assistant