Disposed

Habibur Rahman v. the State of Assam and 8 Ors.

Gauhati HC3 Apr 2025WP(C)/3309/2024

Case brief

AI extract

What is this about?

Petitioner sought registration of FIR alleging his sister was killed for dowry demand. Police registered a case under Sections 304(B)/302 IPC, investigated and filed charge sheet against one accused. Counsel submitted no cause survived; writ petition was closed with liberty to object to non-arrayal of other accused.

What did the court decide?

Writ petition closed with liberty to object under law to non-inclusion of other accused in the charge sheet.

Habibur Rahman Vs the State of Assam and 8 Ors. — Dowry and Cruelty | Gauhati HC (2025)

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GAHC010127622024

2025:GAU-AS:4098

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

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Case No. : WP(C)/3309/2024

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HABIBUR RAHMAN S/O- MOZIBAR RAHMAN, R/O- VILLAGE- SIMULBARI, P.O- SIMLABARI, P.S- BOGUAN, DIST- GOALPARA, ASSAM, PIN-783101

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VERSUS

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THE STATE OF ASSAM AND 8 ORS

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REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT DISPUR, GUWAHATI-6.

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2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-07

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3:THE SUPERINTENDENT OF POLICE GOALPARA ASSAM PIN-783101

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4:THE OFFICER IN CHARGE BOGUAN POLICE STATION DIST- GOALPARA ASSAM PIN-783129

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5:NOZRUL ISLAM S/O- MOJER ALI

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Page No.# 2/3

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6:NURJAHAN NESSA W/O- MOJER ALI

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7:MORJINA KHATUN D/O- MOJER ALI

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8:SHAHJAHAN ALI S/O- HOSSEN ALI

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9:MOJER ALI S/O- LATE ABDUL KASHEM

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THE RESPONDENTS SL NO 5 TO 9 ARE THE R/O VILLAGE BALARBHITA P.S- BOGUAN

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DIST- GOALPARA ASSSAM PIN-78310

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Advocate for the Petitioner : MR. M ALI, MR J. ISLAM

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Advocate for the Respondent : GA, ASSAM, MR A HAQUE (R-6,7,8,9),MR Z RAHMAN (R6,7,8,9),MR. A M KHAN (R-6,7,8,9)

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 04.04.2025

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Heard Mr. M Ali, learned counsel for the petitioner.

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The grievance of the petitioner herein is that, though the petitioner lodged an FIR on 16.05.2024 before the Officer-in-charge of Boguan PS against five accused persons alleging that they had jointly killed the petitioner’s sister for the reason of failure to satisfy their dowry demand, however, no case was registered.

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It is their contention that though they submitted a complaint against the Officer-in-Charge, Baguan PS before the Superintendent of Police, Goalpara, however, nothing was done. Accordingly the

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present writ petition was filed.

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The respondents have filed an affidavit and submits that in the meantime, Baguan Police Station Case No.39/2024 under section 304(B)/302 IPC was registered and investigated, post mortem was carried out and finally charge sheet was filed against one accused.

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In view of the aforesaid, the learned counsel for the petitioner submits that for now, no cause of action survives for pursuing this writ petition, however, he submits that the petitioner may be permitted to raise objection against such charge sheet, inasmuch as according to him charge sheet is filed only against one accused person and not against all the accused persons.

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Be that as it may, nothing survives to be adjudicated in the present writ petition in view of the nature of grievance raised and the facts recorded hereinabove. Accordingly, this writ petition is closed.

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It is needless to say that the petitioner shall always have a liberty to make objection as permitted under law against not arraying of others accused persons in the charge sheet.

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JUDGE

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Comparing Assistant

Habibur Rahman v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Habibur Rahman v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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