GAUHATI HIGH COURT ISSUES ORDER ON AMINUL HOQUE ALIAS AMINUR MIRDA V/S THE STATE OF ASSAM AND ANR

GUWAHATI, India, Feb. 10 -- Gauhati High Court issued the following order on Jan. 9:

1. Heard Mr. N. J. Dutta, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., representing for the State and Mr. R. A. Ahmed, learned counsel appearing for the respondent no. 2.

2. This is an application filed under Section 528 of the BNSS, 2023, praying for quashing the FIR, Charge-sheet and the entire proceedings of Sessions Case No. 52/2021 (GR Case No. 1207/2018, pending in the Court of learned Additional Sessions Judge, Bilasipara.

3. The respondent no. 2 (informant) had lodged an FIR before the Bilasipara Police Station on 17.07.2018, alleging, inter alia, that while her husband was not available in the house, the petitioner (accused no.1) often committed house trespass by entering into the house and committed rape on her several times against her will and threatened her not to disclose the matter before anyone; that on 15.07.2018, at about 11:30 PM, the petitioner committed house trespass again while her husband was not available in the house and forcefully raped her against her will; that local public caught the petitioner red handed and later on, the accused no. 2 as named in the FIR also tried to outrage her modesty.

4. Upon receipt of the FIR, the Bilasipara P.S. Case No. 844/2018 was registered under Sections 457/376/352/34 IPC against the accused persons including the petitioner and the petitioner was arrested.

5. After completion of the investigation, Charge-sheet was filed vide Charge-sheet No. 608/2018 dated 31.10.2018 against the petitioner (accused no.1), only under Sections 448/376 of the IPC, before the Court of learned SDJM (M), Bilasipara. Subsequently, the case was committed and forwarded to the Court of learned Addl. Sessions Judge, Bilasipara, which was registered as Sessions Case No. 52/2021. Thereafter, on 17.01.2022, the learned Addl. Sessions Judge, Bilasipara framed charges against the petitioner (accused no.1), under Sections 448/376 of the IPC.

6. It is seen from the records that after framing of the charges, summons were issued to the witnesses including the informant and the matter was fixed on 10.02.2022 for evidence. However, on that day, none of the PWs were present, including the informant. Thereafter, on 30.08.2025, the learned Addl. Sessions Judge, Bilasipara, issued summons again to the PWs including the informant and fixed the matter on 05.12.2025 for evidence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2FZ75Nn7KksEcyjxtDW85eu%2FMMnp5rBdc6N2AkOs9sWO&caseno=Crl.Pet./1393/2025&cCode=1&cino=GAHC010248972025&state_code=6&appFlag=)

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