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Jobyedur Rahman And 5 Ors vs The State Of Assam And Anr on 6 February, 2019

Page No.# 1/3

GAHC010023922019

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

Case No. : Crl.Pet. 125/2019

1:JOBYEDUR RAHMAN AND 5 ORS.
S/O KAMRUL HUDA
R/O VILL- MAHMUDPUR, P.O. DALGOMA, P.S. MATIA
DIST. GOALPARA, ASSAM

2: KAMRUL HUDA
S/O LATE MAJIBAR RAHMAN
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSAM

3: JAYDUR RAHMAN
S/O KAMRUL HUDA
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSAM

4: JABEDA KHATUN
W/O KAMRUL HUDA
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSAM

5: SAMSUL HUDA
S/O LATE MAJIBAR RAHMAN
RO BAPUJINAGAR
P.S. GOALPARA (SADAR)
DIST. GOALPARA
Page No.# 2/3

ASSAM

6: ARIF HUDA
S/O LATE MAJIBAR RAHMAN
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSA

VERSUS

1:THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM

2:SAHINA YASMIN
D/O WAZED ALI
VILL- BHATIPARA
P.O. GOALPARA
P.S. GOALPARA
DIST. GOALPARA
ASSAM
PIN – 783121

Advocate for the Petitioner : MD. R ALI
Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

Date : 06-02-2019

Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned

Addl. P.P. Assam appearing for the State.

This criminal petition has been filed with a prayer to quash C.R. Case No. 248/2018

wherein cognizance has been taken by the Sub-divisional Judicial Magistrate (S), Goalpara

under Section 406 IPC.

Mr. Ali submits that the cash amount and the Pulsar bike has already been recovered
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and therefore, there is no justifiable ground to proceed with the complaint case.

The aforesaid plea taken by the petitioner is not convincing enough for this Court to

quash the proceeding. However, it prima facie appears from the materials available on record

that the offence is compoundable and there is possibility of amicable settlement of the

dispute between the parties.

Keeping in mind the aforesaid aspect of the matter, I am inclined to issue notice in this

case.

Issue notice returnable in 06 weeks.

Petitioner to take steps for service of notice upon the respondent No. 2 by registered

post with A/D.

Steps within 07 days from today.

Having regard to the facts and circumstances of the case in its entirety, it is hereby

provided that further proceeding in connection with C.R. Case No. 248/2018 shall remain

suspended till the returnable date.

JUDGE
GS

Comparing Assistant

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