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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Mahbubul Hoque, S/o. LT. Ibrahim Ali – Appellant
Versus
State Of Assam, Represented By The PP, Assam – Respondent
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. D.K. Baidya, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondent and Mr. S. Nawaz, learned counsel for the respondent no.2.
2. Vide this petition filed under Section 528 BNS S , 2023 (corresponding to Section 482 Cr.P.C earlier) the petitioner, namely, Mahbubul Hoque, is seeking quashing of the FIR pertaining to Dhekiajuli P.S. Case No.55/2025, under Sections 318 (4)/316(5)/336(3) BNS and S.11(1) of The Public Examination (Prevention of Unfair Means). The said case was registered on the basis of an FIR dated 24.02.2025 filed by one Mukshed Ali.
3. Though the petitioner has sought quashing of the FIR, but an alternative prayer has also been made about amalgamation of the instant case with Patharkandi P.S. Case No.54/2025, under Sections 61 (2)/318(4)/316(5)336(3) of the BNS , 2023. It may be mentioned herein that the said Patharkandi P.S. Case No.54/2025 was registered on the basis of an FIR dated 21.02.2025 lodged by one Someswar Konwar, Inspector of Police.
4. The gist of the allegations in the said FIR was that many students wh
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