Disposed

Raju Saikia v. the State of Assam and Anr.

Gauhati HC28 Apr 2024Crl.Pet./205/2024

Case brief

AI extract

What is this about?

In a criminal petition for quashing POCSO proceedings and recalling an arrest warrant, the Gauhati High Court disposed of the matter by directing the petitioner to appear before the trial court to raise the issue during framing of charges.

What did the court decide?

Directed petitioner to appear before trial court within 15 days to raise the matter; trial court to do needful.

Raju Saikia Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010035532024

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

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Case No. : Crl.Pet./205/2024

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RAJU SAIKIA S/O LATE KAMESWAR SAIKIA R/O VILL- BORGHAT SIYALEKHUWA, P.O. AND P.S. NAGAON (SADAR) DIST. NAGAON, ASSAM, PIN-782001

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VERSUS

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THE STATE OF ASSAM AND ANR TO BE REP. BY THE LEARNED PP, ASSAM

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2:ANOWARA KHATUN D/O ABDULKASEM A RESIDENT OF VILL- BARGHAT SIYALEKHUWA P.O. AND P.S. NAGAON (SADAR) DIST. NAGAON ASSAM PIN-78200

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Advocate for the Petitioner : ALHAJJ I UDDIN

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI

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ORDER

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Date : 29.04.2024

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Heard Mr. A.I.Uddin, learned counsel for the petitioner and Mr. D.Das, learned Addl. P.P. for the State respondent No.1. Also heard Mr. S.Ahmed, learned counsel for the respondent No. 2.

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By this criminal petition under Section 482 of the CrPC, the petitioner has prayed for quashing of the entire proceeding in Special POCSO Case No. 158/2022 ( arising out of Nagaon (Sadar) P.S.Case No.2972/2019) whereby W/A has been issued vide order, dated 04.03.2023 by the learned Special Judge (POCSO Act), Nagaon.

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It is submitted by the learned counsel for the petitioner that the matter has been settled between the parties by filing affidavit by the respondent No. 2. Though warrant of arrest was issued against the petitioner vide order, dated 04.03.2023 on which day, he was absent, the learned counsel submits that the same may be recalled as the petitioner is a government employee.

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The learned Addl. P.P. on the other hand submits that the matter be disposed of with a direction to the petitioner to appear before the learned court below and raise the issue before the trial court at the time of framing of charge.

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Mr. S.Ahmed, learned counsel for the respondent No. 2 has no objection on the aforesaid prayers.

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Heard the learned counsel for the parties and perused the averments along with the documents annexed with the application.

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On consideration of the submission of learned counsel for parties, the instant criminal petition is disposed of with a direction to the petitioner to appear before the learned trial

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Page No.# 3/3

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court on or before 15 days from today and the learned trial court shall do the needful in accordance with law.

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The criminal petition is disposed of.

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JUDGE

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Comparing Assistant

Raju Saikia v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Raju Saikia v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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