Page No.# 1/3 vs The State Of Assam And Anr on 20 January, 2025

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 20 January, 2025

                                                                      Page No.# 1/3

GAHC010002632025




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

                                 Case No. : Crl.Pet./51/2025

            MOSTAFIZUR RAHMAN AND ANR
            S/O MONTAJ SHEIKH
            R/O VILL-KOLABARI, P.O. PATAKATA
            P.S. SOUTH SALMARA
            DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783127

            2: SABINA BEGUM
             D/O MOHUR ALI @ SHAHAR ALI
            W/O MOSTAFIZUR RAHMAN
            R/O VILL- KOLABARI
             P.O. PATAKATA
            P.S. SOUTH SALMARA

            DIST. SOUTH SALMARA MANKACHAR
            ASSAM
            PIN-78312

            VERSUS

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

            2:ABU BOKKAR SIDDIK
             S/O ABDUL MOZID
            VILL- SATDUBI BEPARIPARA

            P.S. SOUTH SALMARA

            DIST. SOUTH SALMARA MANKACHAR
            ASSAM
            PIN- 78312

Advocate for the Petitioner   : MR M Z SHAH, MD P RAHMAN
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Advocate for the Respondent : PP, ASSAM,




                                           BEFORE
                 THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                  ORDER

20.01.2025

1. Heard Mr. MZ Shah, learned counsel for the petitioners. Also heard
Mr. KK Das, learned Additional Public Prosecutor, Assam.

2. This is an application filed under Section 528 of the BNSS, 2023
assailing the proceeding of Special (P) Case No. 216/2024 arising out of
South Salmara PS case No. 32/2023 under Section 9/10/11 of the
Prohibition of Child Marriage Act read with Section 6/17 of the POCSO Act
pending before the learned Special Judge, South Salmara, Mankachar.

3. The basic grievance of the petitioners is that both the petitioners are
married in the meantime and the FIR was lodged by the Gaonburah and
not by any aggrieved party. Therefore, this is absolutely a malicious
prosecution.

4. Perused the material available on record. This matter needs further
examination.

5. Accordingly, let a notice be issued, returnable on 24.02.2025.

6. Mr. KK Das, learned Additional Public Prosecutor, Assam accepts
notice on behalf of respondent No. 1. Petitioner to take steps for service of
notice upon the respondent No. 2 both by way of registered post with A/D
and usual process within a period of one week from today.

7. Considering the matter in its entirety, it is provided that till the
returnable date, the further proceeding of Special (P) Case No. 216/2024
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shall remain suspended.

JUDGE

Comparing Assistant