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2025 DAILYLAW 6650 (GAU)

SAIRUN NESSA v. THE STATE OF ASSAM

Crl.Rev.P./27/2025 · 2025-02-09

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010018672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./27/2025 SAIRUN NESSA W/O- MD. HUSEN ALI, R/O- VILLAGE- PACHIM DABLONG, P.O AND P.S- LANKA, DIST- HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : TAWHID ALOM LASKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.02.2025 Heard Mr. TA Laskar, the learned counsel appearing for the petitioner as well as Mr.K. Baishya, the learned Additional Public Prosecutor for the state of Assam. 2. This is an application under Section 442 read with Section 528 of the BNSS,2023 challenging the impugned order dated 03.06.2024 passed by the learned Sessions Judge, Hojai in NDPS Case No.09/2022. Page No.# 2/2 3. The petitioner has been shown as accused in the charge sheet. She is the wife of Md. Hussain Ali. She had a dispute with her husband. Therefore, she was driven out of her matrimonial house. The learned trial court issued process against the petitioner for appearance before the trial court, but the petitioner was absent because the process issued by the trial court returned unserved. Initially, the learned trial court directed to issue non- bailable warrant of arrest against the petitioner. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore, she deserves to be given one opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, she deserves to be given one opportunity to that effect. 7. It is hereby directed that all the orders directing issue of NBWA against the petitioner in respect of NDPS Case No.09/2022 pending in the court of learned Sessions Judge, Hojai are set aside. The warrant, if issued shall be recalled. 8. The petitioner Sairun Nessa shall appear before the trial court on 01.04.2025. On her appearance, the petitioner Sairun Nessa shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Hojai. With the aforesaid direction, the revision petition stands disposed of. JUDGE Comparing Assistant