Hiramoni Saikia v. the State of Assam

Gauhati HC17 Jun 2025I.A.(Crl.)/640/2025

Case brief

AI extract

What is this about?

Gauhati High Court; I.A.(Crl.)/640/2025; Parthivjyoti Saikia, J.; order dated 18.06.2025; correction of common order dated 26.05.2025 in Crl. Pet. Nos. 301/2025, 318/2025 and 320/2025; merger/consolidation of multiple FIRs; Kokrajhar PS Case No. 61/2025; Gossaigaon PS Case No. 31/2025; Barpeta PS Case No. 72/2025; Patharkandi/Patherkandi PS Case No. 54/2025; inadvertent omission rectified; applicants Hiramoni Saikia and 5 others (A M Bora, Senior Counsel; D K Baidya) v. State of Assam (K Gogoi, Special Public Prosecutor); I.A. disposed of.

What did the court decide?

Correction allowed: Kokrajhar PS Case No. 61/2025, Gossaigaon PS Case No. 31/2025 and Barpeta PS Case No. 72/2025 directed to be merged with Patherkandi PS Case No. 54/2025; the order forms part of the order dated 26.05.2025 in Crl. Pet. Nos. 301/2025, 318/2025 and 320/2025.

Hiramoni Saikia Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the common order dated 26.05.2025 in Crl. Pet. Nos. 301/2025, 318/2025 and 320/2025 should be corrected so that Barpeta PS Case No. 72/2025, inadvertently omitted, is also merged with Patharkandi PS Case No. 54/2025 along with Kokrajhar PS Case No. 61/2025 and Gossaigaon PS Case No. 31/2025.

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Court's answer

The Court found that Barpeta PS Case No. 72/2025 in Crl. Pet. No. 318/2025 should have been merged with Patherkandi PS No.54/2025 under the order dated 26.05.2025 but was inadvertently not merged.

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Ratio / Principle

It is directed that Kokrajhar PS Case No.61/2025, Gossaigaon PS Case No. 31/2025 and Barpeta PS No. 72/2025 shall all be merged with Patherkandi PS No.54/2025.

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Key takeaways

The present order shall form part of the order dated 26.05.2025 passed in Crl. Pet. No. 301/2025, Crl. Pet. No. 318/2025 and Crl. Pet. No. 320/2025.ratio¶¶26

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J.), 18.06.2025 — I.A.(Crl.)/640/2025, filed by Hiramoni Saikia and 5 others against the State of Assam, sought correction of the common order dated 26.05.2025 passed in Crl. Pet. Nos. 301/2025, 318/2025 and 320/2025. The earlier order had directed merger of the FIRs of Kokrajhar PS Case No. 61/2025 and Gossaigaon PS Case No. 31/2025 with Patharkandi PS Case No.54/2025, but inadvertently failed to merge Barpeta PS Case No. 72/2025, which arose in Crl. Pet. No. 318/2025. Holding that Barpeta PS Case No. 72/2025 should have been merged, the Court directed that Kokrajhar PS Case No.61/2025, Gossaigaon PS Case No. 31/2025 and Barpeta PS No. 72/2025 shall all stand merged with Patherkandi PS No.54/2025, and ordered that the present order form part of the order dated 26.05.2025. The I.A. was disposed of accordingly.

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GAHC010130332025

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

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Case No. : I.A.(Crl.)/640/2025

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HIRAMONI SAIKIA W/O BASANTA BORA R/O 82, USHLAY APARTMENT, HATIGAON, LAKHIMINAGAR, UNDER HATIGAON PS, KAMRUP(M), ASSAM

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2: MAHBUBUL HOQUE S/O LT IBRAHIM ALI R/O GYAN KUTIR NIRIBILI PATH GHORAMARA CHARIALI BHETAPARA GUWAHATI-781027 UNDER BASISTHA PS KAMRUP(M) ASSAM.

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3: BIJOY DUTTA S/O KRISHNA DUTTA R/O VILLAGE SARISHA PS KARIMGANJ DIST SRIBHUMI ASSAM 4: IMDADUR RAHMAN S/O LT FAKAR UDDIN R/O VILLAGE DIGHIRPAR PS BADARPUR DIST SRIBHUMI ASSAM 5: NUMAN AHMED S/O LT KHALILUR RAHMAN R/O VILLAGE DORAIL PS BADARPUR DIST SRIBHUMI ASSAM

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6: REZZAK ALI S/O ABDUL KHALEK R/O VILLAGE MAZARCHAR

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PS ALUOATICHAR DIST BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. D K BAIDYA, A M BORA

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Advocate for the Respondent : PP, ASSAM,

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Linked Case : Crl.Pet./318/2025 HIRAMONI SAIKIA AND 5 ORS. W/O BASANTA BORA R/O B2 USHLAY APARTMENT HATIGAON LAKHIMINAGAR UNDER HATIGAON PS KAMRUP(M) ASSAM 2: MAHBUBUL HOQUE S/O LT IBRAHIM ALI R/O GYAN KUTIR NIRIBILI PATH GHORAMARA CHARIALI BHETAPARA GUWAHATI-781027 UNDER BASISTHA PS KAMRUP(M) ASSAM. 3: BIJOY DUTTA S/O KRISHNA DUTTA R/O VILLAGE SARISHA PS KARIMGANJ DIST- SRIBHUMI ASSAM. 4: IMDADUR RAHMAN S/O LT FAKAR UDDIN R/O VILLAGE DIGHIRPAR PS BADARPUR DIST- SRIBHUMI ASSAM.

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5: NUMAN AHMED S/O LT KHALILUR RAHMAN R/O VILLAGE DORAIL PS BADARPUR DIST- SRIBHUMI ASSAM.

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6: REZZAK ALI S/O ABDUL KHALEK R/O VILLAGE MAZARCHAR PS ALUOATICHAR DIST BARPETA ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM

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-----------Advocate for : MR. A M BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 18.06.2025

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Heard the learned Senior Counsel Mr. A M Bora assisted by Mr. D K Baidya, appearing for the applicants. Also heard Mr. K Gogoi, the learned Special Public Prosecutor appearing for the State of Assam.

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This is an application filed praying for correction of the order dated 26.05.2025 passed in Crl. Pet. No. 301/2025, Crl. Pet. No. 318/2025 and Crl. Pet. No. 320/2025.

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In the common order passed in those three Criminal Petitions, it was directed that the FIRs of Kokrajhar PS Case No . 61/2025 and Gossaigaon PS Case No. 31/2025 should be merged with Patharkandi PS Case No.54/2025 . But there was another case i.e. Barpeta PS Case No. 72/2025 in Crl. Pet. No. 318/2025 which should have been merged with Patherkandi PS No.54/2025 but inadvertently Barpeta PS Case No. 72/2025 was not merged with Patharkandi PS Case No.54/2025.

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It is hereby directed that Kokrajhar PS Case No.61/2025, Gossaigaon PS Case No. 31/2025 & Barpeta PS No. 72/2025 shall be merged with Patherkandi PS No.54/2025.

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This order shall form a part of the said order dated 26.05.2025 passed Crl. Pet. No. 301/2025, Crl. Pet. No. 318/2025 and Crl. Pet.No. 320/2025.

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The IA stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Hiramoni Saikia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Hiramoni Saikia v. the State of Assam

Case brief

What is this about?

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What the court decided

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