Hamidur Islam and Anr. Vs the State of Assam and Anr. — Dowry and Cruelty | Gauhati HC (2026)

Hamidur Islam and Anr. Vs the State of Assam and Anr. — Dowry and Cruelty | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Modification of the order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 allowed and the corrected order substituted (recording PRC Case No. 790/2022 and C.R. Case No. 164/2022); the Interlocutory Application stands disposed of; the interim abeyance of C.R. Case No. 164/2022 continues; the matter is to be listed again in the 3rd week of February, 2026 with Service Report on O.P. No. 2.

Issue for consideration

Whether the order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 ought to be modified to correct the typographical errors in the case numbers recorded in its 3rd and 4th paragraphs. +1 more

Court's answer

The prayer for modification of the order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 made by the applicants is allowed, the case numbers having been wrongly written (typographical error), as the learned Public Prosecutor also agreed after going through the records.

Ratio / Principle

The order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 shall now be read as corrected, recording the FIR-based PRC Case No. 790/2022 under Section 498(A) IPC and the complaint registered as C.R. Case No. 164/2022 with charges under Section 498(A)/34 IPC.

Key takeaways

Interim direction restated in the corrected order: the proceedings in C.R. Case No. 164/2022 shall be kept in abeyance in the meantime, pending further orders in the linked Criminal Petition.ratio¶43

Detailed headnote1 paragraphs

Gauhati High Court (Rajesh Mazumdar, J.), order dated 11.02.2026 in I.A.(Crl.)/1390/2025 linked to Crl.Pet./1553/2025: allowed the applicants (Hamidur Islam and Unos Ali) prayer to modify the Court's order dated 10.12.2025 in Criminal Petition No. 1553/2025 so as to correct typographical errors in the case numbers. As corrected, paragraph 3 records that O.P. No. 2 filed an F.I.R. on 30.07.2022 before the Officer-in-Charge, Boitamari Police Outpost, culminating in PRC Case No. 790/2022 with sufficient grounds found against petitioner no. 1 under Section 498(A) IPC, and paragraph 4 records the complaint registered as C.R. Case No. 164/2022 before the same Trial Court with formal charges under Section 498(A)/34 IPC against both petitioners. The learned Public Prosecutor, having gone through the records, agreed the case numbers were wrongly written. The corrected order restates the grievance that two proceedings on the same cause of action were initiated at the behest of O.P. No. 2 (Asmina B Egum), the notice and service directions, and the interim direction that the proceedings in C.R. Case No. 164/2022 remain kept in abeyance; the matter is to be listed in the 3rd week of February, 2026 with Service Report on O.P. No. 2. The Interlocutory Application is disposed of.

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GAHC010271882025

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

I.A.(Crl.)/1390/2025 HAMIDUR ISLAM AND ANR SON OF UNOS ALI R/O VILL- KAYETHPARA PART-I P.O. KAYETHPARA P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 (PERMANENT ADDRESS) 2: UNOS ALI S/O LT. OMAR ALI R/O VILL- KAYETHPARA PART-I P.O. KAYETHPARA P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 (PERMANENT ADDRESS). VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:ASMINA B EGUM D/O ABDUL JOLIL SARKAR W/O HAMIDUR RAHMAN RESIDENT OF KAYETHPARA PART-I P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 -----------Advocate for : MR G CHAMUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

LINKED Case No. : Crl.Pet./1553/2025

HAMIDUR ISLAM AND ANR SON OF UNOS ALI

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R/O VILL- KAYETHPARA PART-I, P.O. KAYETHPARA P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM PIN-783384 (PERMANENT ADDRESS)

2: UNOS ALI S/O LT. OMAR ALI R/O VILL- KAYETHPARA PART-I P.O. KAYETHPARA P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM

PIN-783384 (PERMANENT ADDRESS)

VERSUS

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

2:ASMINA B EGUM

D/O ABDUL JOLIL SARKAR W/O HAMIDUR RAHMAN RESIDENT OF KAYETHPARA PART-I P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM

PIN-783384 PHONE -813484103

Advocate for the Petitioner : MR G CHAMUAH,

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

Date : 11.02.2026

Heard Mr. G. Chamuah, learned counsel appearing for the applicants as well as Mr.

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K Gogoi, learned Public Prosecutor, Assam appearing in the matter.

The learned counsel for the applicants has submitted that the 3^rd paragraph of the order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 by this Court ought to have been quoted as under:

“ The learned counsel for the petitioners has submitted that the OP No. 2 had filed an F.I.R. on 30.07.2022 before the Officer-in-Charge, Boitamari Police Outpost which culminated in PRC Case No. 790/2022 wherein sufficient grounds to proceed against the petitioner no. 1 was found by the learned Trial Court for commission of the offences punishable under Section 498(A) of the IPC. The next date fixed as per the documents available with the petition was 26.11.2024, 11.02.2025, 17.05.2025 and finally, the case is now fixed on 06.02.2026”.

The learned counsel for the applicants has further submitted that there is a typographical error in paragraph no. 4 also in putting the CR Case number. The said paragraph should have been quoted as under:

“ The learned counsel for the petitioners submits that one week after the filing of the aforesaid F.I.R., the complainant had also filed a complaint case which is registered as C.R. Case No. 164/2022 before the same Trial Court, wherein formal charges under Section 498(A)/34 IPC has been framed against the accused persons, namely, the petitioner No. 1, Hamidur Islam and the petitioner No. 2, Unos Ali”.

The learned counsel for the applicant has submitted that there is a typographical error in putting the case numbers in the order dated order dated 10.12.2025 passed in Criminal Petition No. 1553/2025. The learned Public Prosecutor has also submitted that he has gone through the records and has agreed that the case numbers were wrongly written.

Accordingly, the prayer for modification of the order order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 made by the applicants is allowed.

Now, the order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 shall now be read as under:

“ Heard Mr. G. Chamuah, learned counsel for the petitioners. Also heard Mr. K.

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K. Porasor, learned Additional P.P., Assam appearing for the State.

The grievance raised in this Criminal Petition is that the two proceedings regarding the same cause of action have been initiated against the petitioners at the behest of the O.P. No. 2.

The learned counsel for the petitioners has submitted that the OP No. 2 had filed an F.I.R. on 30.07.2022 before the Officer-in-Charge, Boitamari Police Outpost which culminated in PRC Case No. 790/2022 wherein sufficient grounds to proceed against the petitioner no. 1 was found by the learned Trial Court for commission of the offences punishable under Section 498(A) of the IPC. The next date fixed as per the documents available with the petition was 26.11.2024, 11.02.2025, 17.05.2025 and finally, the case is now fixed on 06.02.2026.

The learned counsel for the petitioners submits that one week after the filing of the aforesaid F.I.R., the complainant had also filed a complaint case which is registered as C.R. Case No. 164/2022 before the same Trial Court, wherein formal charges under Section 498(A)/34 IPC has been framed against the accused persons, namely, the petitioner No. 1, Hamidur Islam and the petitioner No. 2, Unos Ali.

The learned counsel for the petitioners has submitted that it would be unlawful if both the proceedings are allowed to be carried out before the same Trial Court based on the same set of allegations leveled by the same complainant against the same accused persons.

Issue Notice.

Extra copies of the petition be furnished to Mr. Parasar, learned Addl. P.P., Assam appearing on behalf of the State/OP No. 1 within a period of one week from today.

Petitioners to take steps for service of notice upon the OP No. 2 through registered speed post within a period of 7 (seven) working days from today.

List the matter again in the 3^rd week of February, 2026, on a date to be fixed by the Registry along with Service Report on OP No.2.

In the meantime, it is provided that the proceedings in C.R. Case No. 164/2022 shall be kept in abeyance.”

With the above, the present Interlocutory Application is disposed of.

JUDGE

Comparing Assistant