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2025 Supreme(Gau) 1618

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Aklima Begum, D/o. LT. Kalachand – Appellant
Versus
State Of Assam, Rep. By The PP, Assam – Respondent


Advocates Appeared:
For the Petitioner:Ms. S.B. Choudhury, Ms. Z.R. Majumdar, Mr. S.K. Das Advocate.
For the Respondent: PP, Assam.

Table of Content
1. hearing both petitions together. (Para 1 , 2)
2. factual basis for criminal charges against petitioners. (Para 4 , 5 , 17)
3. arguments from both sides regarding the evidence. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. court's consideration of statements and discrepancies. (Para 12 , 13 , 14 , 15 , 16)
5. interpretation of specific legal provisions. (Para 18 , 19 , 20 , 21)
6. quashing of f.i.r.s and the court's conclusions. (Para 22 , 23 , 24 , 25 , 26 , 27)

JUDGMENT :

SHAMIMA JAHAN, J.

Both Criminal Petition No.231/2024 and Criminal Petition No.222/2024 were heard analogously and are taken up together for disposal by this common judgment and order since both these petitions raises common questions of law and arises out of the same set of facts.

2. Heard Mrs. S.B. Choudhury, learned counsel for the petitioners in both the petitions and Mr. K. K. Das and Mr. J. Chutia, learned Additional Public Prosecutors, Assam for the State/respondent No.1. Also heard Mrs. S. Khataniar, learned Legal Aid Counsel representing the respondent No.2 in both the petitions.

3. For the sake convenience, the facts of the case leading to filing of Criminal Petition No.231/2024 may briefly be discussed as

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