Asmina Khatun v. The State of Assam and Anr

ORDER 17-07-2024 Heard Ms. T Begum, learned counsel for the petitioner and Mr. D Das, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/2 Though the petitioner is not an FIR named accused in Kalgachia Police Station Case No. 47/2015 registered under Sections 366(A)/34 IPC read with Section 4 of the POCSO Act, but after investigation of the case, police submitted Charge-Sheet in said Kalgachia P.S. Case No. 47/2015 on 29.07.2021 vide Charge-Sheet No. 317/2021, showing her to be one of the absconder accused. Being aggrieved with the same, the petitioner filed this criminal petition, praying amongst others, to set aside and quash the proceeding of said Kalgachia Police Station Case No. 47/2015, wherein Charge-Sheet was filed on 29.07.2021 vide Charge-Sheet No. 317/2021. Ms. Begum, learned counsel for the petitioner submitted that during pendency of this criminal petition, Warrant of Arrest was issued against the petitioner for her appearance before the learned Trial Court, i.e., the learned Special Judge (POCSO), Barpeta, pursuant to which, she appeared before the said Court and obtained bail. Ms. Begum, in view of the above and on instruction of the petitioner, is not pressing this criminal petition. Accordingly, this criminal petition stands dismissed, being not pressed. Registrar (Judicial) shall forward a copy of this order to the Court of the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Barpeta forthwith, for his necessary information.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010115352022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./540/2022 ASMINA KHATUN W/O- ABDUL HAI NAGORI, VILL. NO. 1 DONGSHIAPARA, P.S. BIJNI, DIST.CHIRANG, PIN- 783390. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE P.P., ASSAM 2:RAFIKUL ISLAM S/O- FAJAL HOQUE VILL.- RAMPUR P.O. RAMPUR (KALGACHIA) P..S KALGACHIA DIST. BARPETA ASSAM PIN- 781319 Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK