Badsha Miah vs The State Of Assam And Anr
2025 Latest Caselaw 4647 Gua

Gauhati High Court

Badsha Miah vs The State Of Assam And Anr on 18 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                              Page No. 1/3

GAHC010065812024




                                                                     undefined

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

                                 Case No. : Crl.Pet./365/2024

            BADSHA MIAH
            S/O TARSU MIAH, VILL- CHATIPUR, P.O.CHATIPUR, P.S.-KAJALGAON,
            DIST- CHIRANG, PIN-783385, PRESENT ADD- VILL-BARTALOWA, P.S.-
            KAJALGAON, P.O.-DHALIGAON, DIST- CHIRANG, PIN-783385

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:ABDUR RASHID
             S/O LATE MUKTAR ALI
            VILL- CHATIPUR
             P.O.-DHALIGAON
             P.S.-KAJALGAON
             DIST- CHIRANG
             BTR
             PIN-78338

Advocate for the Petitioner   : MR. A ROSHID, MS. T BEGUM

Advocate for the Respondent : PP, ASSAM, MS N HASSAN (LEGAL AID COUNSEL FOR R-2)

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 18.08.2025

Heard Ms. T. Begum, learned counsel for the petitioner; Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1, State of Assam; and Ms. N. Hassan, learned counsel for the respondent no. 2.

2. The petitioner has preferred the instant criminal petition under Section 482, Code of Criminal Procedure [CrPC], 1973 seeking setting aside and/or quashing of the proceedings of a complaint case, C.R. Case no. 26/2023, stated to be pending before the Court of learned Judicial Magistrate, First Class at Chirang.

3. Ms. Hassan, learned counsel appearing for the respondent no. 2 has submitted that during the pendency of the instant criminal petition, the proceedings of complaint case, C.R. Case no. 26/2023 has come to a close on 23.05.2025 and has placed a copy of the said Order dated 23.05.2025.

4. The contents of the Order dated 23.05.2025, passed by the Court of learned Judicial Magistrate, First Class, Chirang, Assam in C.R. Case no. 26/2023 read as under :-

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, CHIRANG, ASSAM PRESENT : SMTI. DIPIKA SARMA, JMFC, CHIRANG, ASSAM

SL. NO. DATE ORDER SIGNATURE

23.05.2025 1. Complainant is present.

2. Accused is also present.

3. Today is the day fixed for argument of accused side.

4. Heard the argument advanced by learned counsel of accused side.

5. Judgment is ready and pronounced in the open court.

6. Accused are acquitted of the charge under Section 500 of the IPC.

7. Set the accused at liberty forthwith.

8. Bail bonds for accused are extended for a further period of six months.

9. Case is accordingly disposed of on contest.

5. As the petitioner has already been acquitted from the offence under Section 500, IPC in C.R. Case no. 26/2023, the same has rendered this criminal petition infructuous and therefore, the criminal revision petition is closed.

6. A copy of the Order dated 23.05.2025 is kept with the case record by marking it as Document 'X'.

JUDGE

Comparing Assistant