Helina Khanom vs The State Of Assam And Ors
2025 Latest Caselaw 3959 Gua

Gauhati High Court

Helina Khanom vs The State Of Assam And Ors on 10 March, 2025

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GAHC010033232025




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

                                  Case No. : Crl.L.P./8/2025

            HELINA KHANOM
            W/O. JAHANGIR HUSSAIN, R/O. VILL.- HATIMURIA, P/O. AND P/S.
            MOIRABARI, DIST. MORIGAON, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ORS
            REP BY THE PP, ASSAM

            2:REJAUL AMIN
             S/O. LT. RAHUL AMIN

            3:RAFIUL AMIN
             S/O. LT. RAHUL AMIN

            4:JUBINUR AMIN
            W/O. MD. REJAUL AMIN

            5:PARBIN BEJUM
            W/O. MD. RAFIUL AMIN ALL ARE RESIDENT OF MOIRABARI
             P/O. AND P/S. MOIRABARI
             DIST. MORIGAON
            ASSA

Advocate for the Petitioner   : MS D DUTTA, MR. P J SAIKIA

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

10.03.2025

1. Heard Mr. P.J. Saikia, the learned counsel for the petitioner. Also heard Mr. P.S. Lakhar, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This application under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, has been filed by the petitioner, namely, Helina Khanom, seeking leave to file an appeal against the order of acquittal of the respondent Nos. 2,3,4 and 5, by the judgment and order dated 09.01.2025, passed in PRC Case No. 980/2019, by the Court of the learned Additional Chief Judicial Magistrate Judge, Morigaon.

3. Issue notice to the respondents.

4. Since the learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice needs to be issued to the said respondent. However, as regards, the respondent Nos. 2,3,4 and 5, are concerned, the learned counsel for the petitioner shall take steps for issuance of notice upon the said respondents, by registered post with A/D, as well as by usual mode, within 7(seven) days from the date of this order, returnable after 4(four) weeks.

5. List accordingly.

JUDGE Comparing Assistant