Gauhati High Court
Anwar Hussain Kazi vs The State Of Assam And Anr on 25 January, 2023
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GAHC010193252022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./967/2022
ANWAR HUSSAIN KAZI
S/O- MOINUL HOQUE KAZI, R/O- VILL.- CHANDIPUR GRANT
(GAURANGAPUR), P.O. AND P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MOSHID ALI LASKAR
S/O- LATE HARUS ALI LASKAR
VILL.- CHANDIPUR GRANT
P.O. CHANDIPUR
P.S. ALGAPUR
DIST. HAILAKANDI
ASSAM
3:JASMINA KHANAM KAZI @ JASMINA BEGUM
D/O LT. MOINUL HOQUE KAZI
R/O UJALA HOME
HAILAKANDI (A WOMEN'S SHELTER HOME) AT HAILAKANDI
NEAR EDUCATION COMPLEX
P.O
P.S AND DISTRICT- HAILAKANDI
ASSAM. PIN- 78815
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : PP, ASSAM
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Linked Case : I.A.(Crl.)/778/2022
JASMINA KHANAM KAZI @ JASMINA BEGUM
D/O LT. MOINUL HOQUE KAZI
R/O UJALA HOME
HAILAKANDI (A WOMEN SHELTER HOME) AT HAILAKANDI
NEAR EDUCATION COMPLEX
P.O
P.S AND DISTRICT- HAILAKANDI
ASSAM. PIN- 788151
VERSUS
ANWAR HUSSAIN KAZI AND ANR.
S/O- MOINUL HOQUE KAZI
R/O- VILL.- CHANDIPUR GRANT (GAURANGAPUR)
P.O. AND P.S. ALGAPUR
DIST. HAILAKANDI
ASSAM
2:THE STATE OF ASSAM
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
------------
Advocate for : MR. J LASKAR
Advocate for : PP
ASSAM appearing for ANWAR HUSSAIN KAZI AND ANR.
BEFORE
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
25.01.2023
Heard Mr. A M Barbhuiya, learned counsel for the petitioner as well as Mr. Bhaskar
Sarma, learned Additional Public Prosecutor for the State.
2. By this criminal petition filed under Section 482 Cr.P.C. read with Article 227 of the
Constitution of India, the petitioner has challenged the legality of (i) the judgment & order
dated 12.09.2022 passed by the learned Sessions Judge, Hailakandi in Criminal Revision
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Petition No. 47/2022,(ii) the order dated 01.07.2022 passed by the learned Munsiff No. I-
cum-Judicial Magistrate, First Class, Hailakandi in G.R. Case No. 488/2022 corresponding to
Algapur P.S. Case No. 49/2022 and (iii) the order dated 07.07.2022 passed by the learned
Munsiff No.I-cum-Judicial Magistrate, First Class, Hailakandi in the aforesaid
proceedings. The orders dated 01.07.2022 and 07.07.2022 were affirmed by the order dated
12.09.2022 passed in Criminal Revision No. 47/2022.
3. In brief, the case projected by the learned counsel for the petitioner is that his sister, who
is stated to be a minor at the relevant point of time, had allegedly eloped with one Abdul
Munim Laskar and accordingly, an FIR was lodged on 10.05.2022 which was registered as
Algapur P.S. Case No.49/2022 corresponding to G.R. Case No. 488/2022
underSection363IPCasthepetitioner has alleged that his sister was kidnapped. While, the
petitioner has produced various documents before the learned Judicial Magistrate, 1stClass,
Hailakandi to project that his sister was a minor, aged 14 years but his victim sister had
produced certain documents which shows that she is a major.
4. By referring to the Examination-in-Chief and cross-examinations of CW1 and CW2, who
were the Headmasters of the concerned Gaurangapur L.P. School at the relevant point of
time, had denied the correction of the school certificate produced by the victim to be fake
and therefore, the learned Trial Court after recording that the victim was a minor and that she
was hiding her actual age and as she had refused to go to her parents' house, she was sent
to C.W.C. at Hailakandi and the Investigating Officer was directed to ascertain the
authenticity of the documents submitted by both the parties and to submit his report.
5. It is submitted that after the order dated 25.05.2022 passed by the
learned Trial Court, the respondent No. 2 appeared before the learned Trial Court out of the
blue and submitted an application on 07.06.2022 to ascertain the age of the victim through
Ossification Test and also produced a certificate dated 01.01.2013 issued by the Head
Teacher of Gaurangapur L.P. School and another certificate dated 01.01.2016 issued by the
Head master of Chandripur M.V. School which was to project that the victim girl was a major.
Thus, based on the same, on a petition No. 805/2022 filed the respondent No. 2, the learned
Additional Chief Judicial Magistrate, Hailakandi, by order dated 07.06.2022, had directed
personal appearance of the present Headmaster of Gaurangapur L.P. School and by a
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subsequent order dated 18.06.2022, the learned Additional Chief Judicial Magistrate,
Hailakandi again directed the personal appearance of the present Headmaster and earlier
Headmaster of Gaurangapur L.P. School. The In-charge Headmaster of Chandripur M.V.
School was examined as CW3 on 07.07.2022, who had produced the original Admission
Register of another girl. On the said date, by an order dated 07.07.2022, the learned JMFC,
Hailakandi had also ordered for conducting Ossification Test of the victim girl.
6. The learned counsel for the petitioner has submitted that until
07.07.2022, in all the documents relating to his minor sister, her name is reflected, and for
the first time, a new document has been brought on record to show the changed name of his
sister.
7. It is submitted that the said two orders dated 01.07.2022 and 07.07.2022 were upheld by
the lower Revisional Court, which is not sustainable on facts and in law.
8. I have given my anxious consideration to the submissions at the Bar. I have also
considered the submission of the petitioner regarding the contradiction in the statement of
the witnesses, particularly, the witness who has denied of issuance of certificate revealing the
victim's date of birth, which is contradictory to the date of birth as claimed by the petitioner's
side. The petitioner has also relied in the case of Hon'ble Supreme Court AIR 1968 SCC 117
and has prayed to dispose this petition at the admission stage. I deem it proper to admit
despite the submission that this petition is not maintainable.
10. List this matter again on 07.02.2023 for hearing.
JUDGE
Comparing Assistant
