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2025 DAILYLAW 3310 (GAU)

DHAN SINGH DERA v. NAZIR AHMED

Crl.Pet./1402/2025 · 2026-05-10

Parthivjyoti Saikia

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010249352025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1402/2025 DHAN SINGH DERA SON OF LATE MEN SINGH DERA VILLAGE- JAMOATHAR, NEAR KAPILI BRIDGE, P.S. - KHERONI, DIST. - WEST KARBI ANGLONG ASSAM, PIN 782448 VERSUS NAZIR AHMED SON OF LATE AFAQUE AHMED R/O - HOJAI TOWN, WARD NO. 14, MASZID ROAD P.O. P.S. - HOJAI, DIST. - HOJAI ASSAM, PIN - 782435. Advocate for the Petitioner : MR. M SARANIA, MR R.BEZBARUAH,N GOGOI,MR A SARANIA Advocate for the Respondent : MR. SARFRAZ NAWAZ, MR. A W AMAN,MR. SAMIM RAHMAN,MR. SURAJIT DAS,MR. A MISHRA,MD. A RAHMAN BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 Heard Mr. M Sarania, the learned counsel appearing for the petitioner. Also heard Mr. S Nawaz, the learned counsel appearing for the respondent. 2. This is an application under Sec tion 528 of the BNSS, 2023 challenging the order Page No.# 2/2 dated 30.08.2025 passed by the learned Sessions Judge, Hojai in Criminal Appeal No.06/2023. 3. The petitioner being the appellant before the Appellate Court was directed to deposit 20% of the fine amount. 4. Today, both sides have agreed that that appeal before the Appellate Court should be expeditiously disposed of. The parties have submitted that they would have no objection if the order directing deposit of 20% of the fine amount is set aside. 5. I have given my anxious consideration to the submissions made by the learned counsel of both sides. 6. The appeal is pending before the Appellate Court since 2023 and only for this Revision Petition the appeal is pending. 7. This Court is of the opinion that the appeal should be expeditiously dispose of. 8. Therefore, the order directing deposit of 20% of the fine amount is set aside. 9. The Appellate Court is directed to expeditiously dispose of the appeal preferably within a period of next 3(three) months from today. 10. The stay order passed earlier by this Court stands vacated. The criminal petition stands disposed of. JUDGE Comparing Assistant