Baharul Islam vs The State Of Assam And Anr
2025 Latest Caselaw 7191 Gua

Gauhati High Court

Baharul Islam vs The State Of Assam And Anr on 10 September, 2025

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GAHC010117972024




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

                                 Case No. : I.A.(Crl.)/559/2024

            BAHARUL ISLAM
            S/O IDRISH ALI, R/O VILL- UTTAR KALJHAR, P.S.-HOWLY, DIST- BARPETA,
            ASSAM



            VERSUS

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

            2:NAJIMA KHATUN
             D/O NAZRUL HOQUE
             R/O VILL- UTTAR KALJHAR
             P.S.-HOWLY
             DIST- BARPETA
            ASSA

Advocate for the Petitioner   : MR. N J DUTTA, MR A BASUMATARY,MR. M M ZAMAN,MR N
AHMED

Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, AMICUS CURIAE (R-2)




                                                      In
                                      Crl.Rev.P. Case No. 4808/2024
                                                   With
                              Crl.Rev.P. Case No. 4808/2024(Filing Number)
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          ------------
          Advocate for : MR. N J DUTTA
          Advocate for : appearing for THE STATE OF ASSAM AND ANR (H)




                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

10.09.2025

1. Heard Mr. M. Rahman, the learned counsel appearing on behalf of Mr. N. Ahmed, the learned counsel for the applicant. Also heard Mr. S. Das, the learned Amicus Curiae for the respondent No. 2 as well as Mr. K.K. Parasar, the learned Additional Public Prosecutor for the State respondent.

2. The learned Amicus Curiae for the respondent No. 2 has raised a question of maintainability on this criminal revision petition on the ground that the impugned order in this case was passed by the learned Principal Judge, Family Court, Barpeta and as per Section 19 of the Family Courts Act, 1984, an appeal lies against any judgment and order passed by a Family Court to the High Court and therefore, he submits that this revision petition is not maintainable.

3. On this, Mr. M. Rahman, the learned counsel for the applicant submits that he may be granted some time to respond to the question of maintainability raised by the learned counsel for the respondent No. 2.

4. The prayer is allowed.

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5. Let this case be listed again on 24th September, 2025.

JUDGE

Comparing Assistant