Sahil Hoque @ Sahinsha v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010089422024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./175/2024o SAHILoHOQUEo@oSAHINSHAo S/OoLATEoSAMSULoHOQUEo VILL-oDHEKENABARI,oPANIKHAITYo P.S.oCHHAYGAONo DIST.oKAMRUP,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo TOoBEoREP.oBYoTHEoLEARNEDoPP,oASSAM 2:KIRANoRABHA oS/OoLATEoKESOoRABHAo VILL-oRATANPURo P.S.oCHHAYGAON o DIST.oKAMRUP oASSAMo PIN-78112o AdvocateoforotheoPetitionerooooo:oMRoAoKoAHMED,oMR.oNoUDDINo AdvocateoforotheoRespondento:oPP,oASSAM,oMRoJoDAS(R-2),PoHAZARIKA(R-2),ToCHAKMA(R-2),MR.oSoRoRABHA(R-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo

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¶1Heard learned counsel Mr. N. Uddin for the petitioner Sahil Hoque @ Sahinsha.

¶2This application has been filed by the petitioner under Section 401 read with Section 397 of the Cr.PC challenging the impugned order dated 25.04.2024 passed by the Learned Special Judge, POCSO, Kamrup, Amingaon, in connection with POCSO Case No. 58/2019 rejecting the petition No. 563/2023 passed by the learned Trial Court.

¶3Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent State.

¶4I have considered the submission that the impugned order dated

25.04.2024 reflects that the petitioner has filed a petition under Section 311 of the CR.PC with prayer for issuing summons to the Secretary, Board Of Secondary Education of Assam to verify the registration certificate of the victim which was issued by the Secretary, Board Of Secondary Education, Assam. For proper adjudication of the case and verification of the date of birth mentioned in the registration certificate by the Secretary, Board Of Secondary Education, Assam. The examination of the Secretary is necessary. The petition was rejected by the learned Trial Court and the petitioner is before this Court by challenging this order dated 25.04.2024. However, the petitioner is not interested to pursue the matter and has prayed for withdrawal of the petition.

¶5I have considered the submissions at the Bar with circumspection.

¶6As the petitioner has abandoned his claim, I deem it fit and proper to dispose of the petition.

¶7In terms of the above observation, petition is disposed of and the interim order dated 25.04.2024 is vacated.

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JUDGE Comparing Assistant