Ramej Ali @ Ramez Ali Mistry vs The State Of Assam And Anr
2023 Latest Caselaw 3388 Gua

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GAHC010183842023




                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : Crl.Pet./894/2023

          RAMEJ ALI @ RAMEZ ALI MISTRY
          S/O HASEN ALI PHAKIR @ HASEN ALI (PHAKIR)
          VILL- BHATA BAZAR (DHAMENPUR)
          P.O. AND DIST. DHUBRI, ASSAM

          VERSUS

          THE STATE OF ASSAM AND ANR
          REP. BY THE PP, ASSAM
          2:FIROZA KHATUN
           D/O MD. ABDUL KASHEM
          VILL- BHASHANIR CHAR PART-I
           P.O. AND DIST. DHUBRI, ASSA

Advocate for the Petitioner : MS. R CHOUDHURY
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 28.08.2023

Heard Ms. R.Choudhury, learned counsel for the petitioner and also heard Ms. S. H. Bora, learned Addl. P.P. for the State respondent. In this petition, under Section 482 Cr.P.C., the petitioner, namely Ramej Ali @ Ramez Ali Phakir @ Hasen Ali(Phakir) has prayed for quashing and setting aside the order dated 9.4.2018, passed by the learned Judicial Magistrate, First Page No.# 2/3

Class, Hatsingimari in G.R. Case No. 279/2015 arising out of Sukchar P.S. Case No. 76/2015.

It is to be noted herein that vide impugned order,the learned Court below has taken cognizance of offence u/s 376/34 IPC against Ramez Ali and Shaidur Rahman and issued process.

Ms. Choudhury, learned counsel for the petitioner submits that the informant of the case has also filed another FIR, being Dhubri P.S. Case No.514/2015,u/s 493/506 IPC, added Section 376 IPC and after investigation the case was charge sheeted against the petitioner and after trial the learned Sessions Judge, Dhubri had acquitted the petitioner of the said case, being Sessions Case No.216/2015, vide judgment and order dated 29.10.2018. Ms. Choudhury further submits that the date of occurrence of the Dhubri P.S. Case No. 514/2015 is almost same with Sukchar P.S.Case No. 76/2015. Having heard the submission of both the Advocates sides, I have gone through the petition and document placed on record.

Let notice be issued to the respondent No.2 returnable in four weeks. Steps be taken by registered post and also by usual process within a week from today.

No formal notice is required to be issued to respondent No.1, since Ms S.H.Bora, learned Addl. P.P. appeared and accepted notice. However, extra requisite copy of the petition be furnished to her during the course of the day. Call for the scanned copy of the record from the learned Court below. Having considering the submission of learned Advocate of both sides specially, the judgment and order of learned Sessions Judge, 29.10.2018 in Sessions Case No. 261/2015 u/s376/506 IPC, a primafacie case for granting stay of the present case i.e G.R.Case No. 279/2015 u/s 376 IPC appears to be made out and till Page No.# 3/3

returnable date further proceeding of G. R. Case No. 279/2015 u/s 376, pending before the learned Judicial Magistrate, Ist Class Hatsingimari stands stayed, so far it relates to the present petitioner.

List after four weeks.

JUDGE

Comparing Assistant