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2025 DAILYLAW 5389 (GAU)

SHAHAB UDDIN AND ANR v. MOULANA GAJIUR RAHMAN

Crl.Pet./33/2025 · 2025-01-09

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/2 GAHC010002612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./33/2025 SHAHAB UDDIN AND ANR S/O LT. ABU BAKKAR SIDDIQUE VILL- GTIPARA PART-IV, P.O. GUTIPARA P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783349 2: JAYNAB KHATUN W/O LT. AKTAR HUSSAIN VILL- BOYZERALGA PART-III P.O. NYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 VERSUS MOULANA GAJIUR RAHMAN S/O LT. NUR HUSSAIN MUNSHI VILL- NAYERALGA PART-II P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783348 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : , Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 10.01.2025 Heard Shri M. Hussain, learned counsel for the petitioners, who have filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the orders dated 01.12.2021 & 08.07.2024 passed in C.R. Case No. 610/2019 by the Judicial Magistrate 1st Class, Bilasipara, Dhubri, Assam. It however transpires that charges have been framed in July, 2024 in the C.R. Case which is of the year 2019. This Court is of the opinion that the points which have been sought to be raised in this petition can very well be raised before the Trial Court. The learned counsel for the petitioners at this stage submits that he may be allowed to withdraw this petition with a liberty to place the points before the Learned Trial Court. Petition is accordingly closed on withdrawal with liberty as prayed for. JUDGE Comparing Assistant