Dismissed¶¶27

Rahamat Ullah Quereshi and 2 Ors. v. the State of Assam and Anr.

Gauhati HC4 Jan 2026Crl.Pet./857/2017

Case brief

AI extract

What is this about?

Section 482 CrPC quashing of charge-sheet; Charge-Sheet no. 43/2017 dated 29.04.2017; Batadrava Police Station Case no. 62/2017; G.R. Case no. 1723/2017; Sections 395/427/447/406/506/34 IPC and Sections 447/427/506/34 IPC; Sections 4/5 Assam Land Grabbing [Prohibition] Act, 2010; dismissal for non-prosecution; failure to serve respondent no. 2; Gauhati High Court; Crl.Pet./857/2017; decided 05.01.2026 by Manish Choudhury, J.

What did the court decide?

Given the petitioners' failure to take steps for service upon respondent no. 2 since 09.02.2018 and absence of representation on call, the Court took the view that the petitioners are no longer interested to pursue the present criminal petition. ¶¶27

Rahamat Ullah Quereshi and 2 Ors. Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

Page No. 1/2

GAHC010145492017

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THE GAUHATI HIGH COURT

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

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Case No. : Crl.Pet./857/2017

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RAHAMAT ULLAH QUERESHI and 2 ORS. S/O LT. HABIJ UDDIN

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2: MD. IKBAL HUSSAIN @ EQUEBAL QURESHI S/O MD. RAHAMAT ULLAH QUERESHI

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3: MD. ANSARUL QUERESHI @ ANSAR QUERESHI S/O MD. RAHAMAT ULLAH QUERESHI ALL ARE RESIDENTS OF VILLBHERBERI

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MOUZA- BHATTADUWA P.S. BHATTADUWA DIST NAGAON ASSAM

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VERSUS

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THE STATE OF ASSAM and ANR.

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2:MD. AYUB UDDIN

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S/O LT. ABDUL HELIM R/O SATIAN MOUZA- LAHARIGHAT DIST. MORIGAON ASSAM PIN - 782127

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Advocate for the Petitioner : MRS.M SARMA, MR.F HAQUE,MR.I HUSSAIN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 05.01.2026

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There is no representation on behalf of the petitioners today on call.

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Page No. 2/2

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Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam is present.

¶24

The present criminal petition under Section 482, Code of Criminal Procedure, 1973 is preferred seeking quashing and setting aside of a charge-sheet, Charge-Sheet no. 43/2017 dated 29.04.2017 submitted in connection with Batadrava Police Station Case no. 62/2017 [corresponding G.R. Case no. 1723/2017] registered under Sections 395/427/447/406/506/34, Indian Penal Code [IPC] read with Sections 4/5 of the Assam Land Grabbing [Prohibition] Act, 2010. The charge-sheet was submitted finding a prima facie case against the petitioner for the offences under Sections 447/427/506/34, IPC read with Sections 4/5 of the Assam Land Grabbing [Prohibition] Act, 2010.

¶25

While issuing notice on 01.11.2017, the petitioners were directed to take steps for service upon the respondent no. 2 within five days from 01.11.2017. The notice initially sent to the respondent no. 2 had returned unserved, as per office note dated 06.02.2017. On 09.02.2018, the petitioners were asked to take fresh steps for service of notice upon the respondent no. 2 by registered post with A/D within a period of five days at his correct address. But, the petitioners since 09.02.2018 did not take any fresh steps for service of notice upon the respondent no. 2 at his correct address till date.

¶26

When the case was listed again on 17.06.2019, none appeared for the petitioners.

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In view of the above fact situation obtaining, this Court is persuaded to take a view that the petitioners are no longer interested to pursue the present criminal petition. Accordingly, this criminal petition is dismissed for non-prosecution.

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JUDGE

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Comparing Assistant

Rahamat Ullah Quereshi and 2 Ors. v. the State of Assam and Anr.

Case brief

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Rahamat Ullah Quereshi and 2 Ors. v. the State of Assam and Anr.

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