Disposed

Nur Hussain v. the State of Assam

Gauhati HC8 May 2023AB/667/2023

Case brief

AI extract

What is this about?

Anticipatory bail petition filed by a minor apprehending arrest in a case under IPC sections 143, 447, 325, 326 and 506. The High Court disposed of the petition by relegating the petitioner to approach the competent Juvenile Court, granting limited protection until then.

What did the court decide?

Limited protection granted; petitioner directed to appear before competent Juvenile Court by 16th May 2023; petition disposed of.

Nur Hussain Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

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GAHC010042802023

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

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Case No. : AB/667/2023

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NUR HUSSAIN S/O ABU BAKKAR SIDDIK @ ABU BAKKAR SIDDIQUE VILL- BAULURI, P.O. CHIRAKUTI P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM PIN NO. 783331 REP. BY HIS FATHER ABU BAKKAR SIDDIK @ ABU BAKKAR SIDDIQUE.

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR Z HUSSAIN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 08.05.2023

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Heard Mr. Z. Hussain, learned counsel appears for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

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It is submitted by the learned counsel for the petitioner that the petitioner, before this Court is a minor, who is apprehending arrest in connection with

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Fakirganj Police Station case No. 195/2022 (G.R. Case No. 1947/2022) under Sections 143/447/325/326/506 of IPC.

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The learned counsel for the petitioner submits that an FIR dated 11.12.2022 was lodged by the informant, one, Sona Khatun making allegations that the persons named as accused including the petitioner had entered upon their paddy field and assaulted her husband and son while they were working on the paddy field. As a result of the assault they suffered injuries because of which both of them required medical treatment.

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The learned counsel for the petitioner submits that the petitioner be granted interim protection.

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Mr. B. B. Gogoi, learned Addl. P.P appearing for the State submits that the petitioner being a juvenile, the appropriate forum of the Juvenile Court and therefore, he should be relegated to approach the Juvenile Court. Accordingly, upon hearing the counsels for the parties, this petition is disposed of relegating the petitioner to approach before the competent Juvenile Court on or before 16^th May, 2023. The competent Court will, thereafter consider the case of the petitioner.

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This Court accordingly grants limited protection to the petitioner and directs that no coercive action against the petitioner be taken till 16^th May, 2023, on or before which, the petitioner will appear before the competent Court, as directed above.

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Anticipatory bail petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Nur Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nur Hussain v. the State of Assam

Case brief

What is this about?

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What the court decided

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