Falani Begum, v. The State of Assam,

ORDER

05.04.2024

Heard Mr. R. De, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application praying for extension of time for appearing before the Investigating Officer in terms of the order dated 18.03.2024 passed by this Court in AB No.706/2024. It is submitted by the learned counsel for the petitioners that as per this Court Page No.# 3/3 order dated 18.03.2024, the accused/petitioners appeared before the IO on

21.03.2024 for recording their statements and also handed over the certified copy of the order passed by this Court in AB No.706/2024. But, the IO asked the accused/petitioners to wait for some time as he had some urgent matter and thereafter, they also approached before the IO on 22.03.2024, 23.03.2024 and

24.03.2024, but the IO did not receive the certified copy of the said order and also did not record their statement. Thus, having no other alternative they also approached before the Officer-in-Charge of Barpeta Police Station on 25.03.2024 with an application and requested him to do the needful, but, he even declined to received the same. Hence, the instant interlocutory application has been filed praying for extension of time for recording the statement of the accused/petitioners in pursuant to the order dated 18.03.2024 passed in AB Case No.706/2024. He further submits that the accused/petitioners are ready and willing to appear before the IO and co-operate with the investigation of the case, however, due to non receipt of the certified copy by the IO, they could not record their statements before the IO. In this regard, Mr. Borthakur, learned Additional Public Prosecutor has submitted that 1(one) week time may be given to the accused/petitioners to appear before the IO. Considering the submissions made by the learned counsels for both sides and also considering the entire aspect of the case, I find appropriate to allow the prayer made by the accused/petitioners. Further, all the accused/petitioners are hereby directed to appear before the IO within 7 (seven) days from the date of order in pursuant to the order passed in AB.706/2024. With above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010068312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/308/2024o FALANIoBEGUM,o WIFEoOFoLATEoSAHANURoALI,oRESIDENToOFoVILL-DEURIKUCHI,oPS-o BARPETA,oDIST.o-oBARPETA,oPINCODE-781314,oASSAM 2:oAJARULoHOQUE oS/OoLATEoSAHANURoALIo ROoVILL-oDEURIKUCHIo P.S.oBARPETA o DIST.oBARPETA oASSAMo PIN-781314 3:oABIDAoBEGUM oW/OoTOJAMMELoHUSSAINo D/OoLATEoSAHANURoALIo R/OoVILL-oDEURIKUCHIo P.S.oBARPETA o DIST.oBARPETA oASSAMo PIN-781314 4:oJEHERULoHOQUE oS/OoLATEoSAHANURoALIo R/OoVILL-oDEURIKUCHIo P.S.oBARPETA o DIST.oBARPETA oASSAMo PIN-781314 5:oMONUWARAoBEGUM oD/OoLATEoSAHANURoALIo Page No.# 2/3 R/O VILL- DEURIKUCHI P.S. BARPETA DIST. BARPETA ASSAM PIN-781314 6: TOJAMMEL HUSSAIN S/O LATE TAHER ALI R/O VILL- TEDHARA P.S. MANDIA DIST. BARPETA ASSAM PIN-78130 VERSUS THE STATE OF ASSAM, REP. BY PP ASSAM. Advocate for the Petitioner : MS DIPTI PATHAK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA