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2025 DAILYLAW 9874 (GAU)

MOHIDUL ISLAM AND ANR v. THE STATE OF ASSAM

AB/750/2025 · 2025-04-23

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010064702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/750/2025 MOHIDUL ISLAM AND ANR S/O AYNAL HOQUE VILL-CHAMPUPARA P.S.CHHAYGAON DIST. KAMRUP, ASSAM 2: SHAHIDUL ISLAM S/O JAMAL UDDIN VILL-CHAMPUPARA P.S.CHHAYGAON DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,R HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 24.04.2025 Heard the learned counsel Mr. F. Haque appearing for the petitioners. Also heard Mr. P.S. Lahkar, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 482 of the BNSS, 2023 in respect of PRC No.51/2025 (G.R. Case No.1399/2024). 3. The petitioners Mohidul Islam and Shahidul Islam have shown as absconders in the charge sheet alleging that they have committed offences triable by a court of Sessions. The learned Magistrate issued summonses to them. Now, they apprehend that since they were shown as absconders in the charge sheet, they will be remanded to custody because the court of the learned Judicial Magistrate First Class, Kamrup, Amingaon has no jurisdiction to entertain their applications. 4. I have considered the submissions made by the learned counsel of both sides. 5. Since the petitioners are interested in facing the trial, they deserve to be given one opportunity to that effect. 6. Therefore, their prayers are allowed. 7. Both the petitioners Mohidul Islam and Shahidul Islam are directed to appear before the learned Judicial Magistrate First Class, Kamrup, Amingaon in respect of PRC No.51/2025 (G.R. Case No.1399/2024) within next 10(ten) days from today. On their appearance, they shall be allowed to go on bail of ₹20,000/- each with sureties Page No.# 3/3 of like amount to the satisfaction of the said court [JMFC, Kamrup, Amingaon]. With the aforesaid direction, the instant application is disposed of. JUDGE Comparing Assistant