Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Anr on 1 September, 2025
Page No.# 1/5
GAHC010147772021
2025:GAU-AS:11732
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./136/2022
MD. JIARUDDIN AHMED
S/O LATE AMIRUDDIN AHMED R/O BAZAR ROAD, MANGALDAI TOWN,
WARD NO. 3, P.O. AND P.S. MANGALDAI, DIST. DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:AFSAR ALI
SON OF LATE BENGU SARKAR
R/O MANGALDAI TOWN
WARD NO. 2
NEAR DON BOSSCO SCHOOL
P.O. MANGALDAI
DIST. DARRANG
ASSAM-78412
Advocate for the Petitioner : MR. K SINGHA, MR S GAUTAM,MR K K S ROY,MRS. P
BARUAH
Advocate for the Respondent : PP, ASSAM, MR. B K SINGHA (R-2),MR. A DAS(R-2),MR. N
SHARMA (R-2)
Linked Case : Crl.Pet./134/2022
Page No.# 2/5
MD. JIARUDDIN AHMED
S/O LATE AMIRUDDIN AHMED
R/O BAZAR ROAD
MANGALDAI TOWN
WARD NO. 3
P.O. AND P.S. MANGALDAI
DIST. DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP
ASSAM
2:ON THE DEATH OF MEHTAB UDDIN AHMED
HIS LEGAL HEIRS
DIST. KAMRUP (M)
2.1:WAHIDA AHMED
W/O LATE MEHTAB UDDIN AHMED
2.2:ZEESHAN FAZID AHMED
S/O LATE MEHTAB UDDIN AHMED
2.3:NIAZ NAIM AHMED
S/O LATE MEHTAB UDDIN AHMED
2.4:MEHJABIN YASMIN AHMED
D/O LATE MEHTAB UDDIN AHMED
W/O NASTAGISNIAZ AHMED
ALL ARE RESIDENT OF HOUSE NO. 10
MOTHER TERESA PATH
OPP. HATIGAON POLICE STATION
HATIGAON
PO.- HATIGAON
DIST. KAMRUP (M)
ASSAM
PIN 781038.
------------
Advocate for : MR. K SINGHA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
Page No.# 3/5
Linked Case : Crl.Pet./135/2022
MD. JIARUDDIN AHMED
S/O LATE AMIRUDDIN AHMED
R/O BAZAR ROAD
MANGALDAI TOWN
WARD NO. 3
P.O. AND P.S. MANGALDAI
DIST. DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP
ASSAM
2:ON THE DEATH OF MAHTAB UDDIN AHMED HIS LEGAL HEIRS
KAMRUP
2.1:WAHIDA AHMED
W/O LATE MEHTAB UDDIN AHMED
2.2:ZEESHAN FAZID AHMED
S/O LATE MEHTAB UDDIN AHMED
2.3:NIAZ NAIM AHMED
S/O LATE MEHTAB UDDIN AHMED
2.4:MEHJABIN YASMIN AHMED
D/O LATE MEHTABUDDIN AHMED
W/O NASTAGISNIAZ AHMED
ALL ARE RESIDENT OF HOUSE NO. 10
MOTHER TERESA PATH
OPP. HATIGAON POLICE STATION
HATIGAON
P.O.-HATIGAON. DIST. KAMRUP (M)
ASSAM
PIN -781038.
------------
Advocate for : MR. K SINGHA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
Page No.# 4/5
Linked Case : Crl.Pet./133/2022
MD. JIARUDDIN AHMED
S/O LATE AMIRUDDIN AHMED
R/O BAZAR ROAD
MANGALDAI TOWN
WARD NO. 3
P.O. AND P.S. MANGALDAI
DIST. DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP
ASSAM
2:SRI KULEN HAZARIKA
S/O LATE BAPU RAM HAZARIKA
R/O VILL- BOTABARI
P.O. DALGAON
DIST. DARRANG
ASSAM-784116
------------
Advocate for : MR. K SINGHA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 01.09.2025
1. Heard Mr. K Singha, learned counsel for the petitioner. Also heard Mr. B
Sarma, learned Additional Public Prosecutor for the State of Assam.
2. Mr. Mr. K Singha, learned counsel for the petitioner submits that the
petitioner has expired and he has filed an affidavit to that effect annexing the
death certificate of the petitioner. He further submits that in view of the
same, the present case has become infructous and to substantiate his
Page No.# 5/5
arguments, he has placed the judgment of the Hon'ble Supreme Court in M
Abbas Haji V. T.N Channakeshava reported in (2019) 9 SCC 606 by which the
Hon'ble Supreme Court has observed that in case the main petitioner dies the
legal heirs are not liable to pay the fine nor to undergo imprisonment in
connection with the cases under the Negotiable Instrument Act, 1881. He has
also placed reliance on the judgments passed in Madhu V. State of Kerala
passed by the Hon'ble Kerala High Court.
3. In view of the said judgments, it is as such, observed that in view of the
death of the petitioner, this case has become infructous and as such, the
petitions are closed as infructous.
JUDGE
Comparing Assistant
