Page No.# 1/2 vs The State Of Assam And Anr
2025 Latest Caselaw 6390 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam And Anr on 27 August, 2025

                                                                       Page No.# 1/2

GAHC010185962025




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

                                 Case No. : Crl.A./327/2025

            NASIRUDDIN SHEIKH
            S/O LATE NAFIZUDDIN SHEIKH, R/O VILL. BONIAMARI PART I, P.S.
            GAURIPUR, P.O. NAKRIJHORA, DIST. DHUBRI, ASSAM, PIN 783349

            2: SAHERA BIBI
            S/O ABUR ROUF AHMED
             R/O VILL. BONIAMARI PART I
             P.S. GAURIPUR
             P.O. NAKIJHORA
             DIST. DHUBRI
            ASSAM
             PIN 78334

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP, ASSAM.

            2:SWARBHANU BIBI
            W/O LATE KUSAR UDDIN
             R/O VILL. BONIAMARI PART-I
             P.S. GAURIPUR
             P.O. NAKRIJHORA
             DIST. DHUBRI
            ASSAM
             PIN 78334

Advocate for the Petitioner   : MRS. K DEVI, N O POMONG,K BHARALI,MR B KAUSHIK

Advocate for the Respondent : PP, ASSAM,
                                                                           Page No.# 2/2

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 27.08.2025

1. Heard Mr. B. Kaushik, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

2. This appeal under Section 415(2) of the BNSS has been filed by the appellants, namely, Nasiruddin Sheikh and Sahera Bibi impugning the judgment dated 18.07.2025 passed in Sessions Case No. 233/2018 by the Court of the learned Additional Sessions Judge, Dhubri whereby the appellants were convicted under Section 365 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for 1(one) year with a fine of Rs.1,000/- each with default stipulation.

3. Issue notice to the respondents.

4. Since, Mr. B. Sarma, learned Additional Public Prosecutor has appeared for the State respondent, no formal notice need to be sent to the said respondent.

5. However, as regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice upon the said respondent by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable after four weeks.

6. This appeal is admitted for hearing.

7. Let the records of Sessions Case No. 233/2018 be called for.

8. The Registry to take steps for requisitioning the aforesaid records.

9. List accordingly.

JUDGE

Comparing Assistant