IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MITALI THAKURIA
Javed Pervez Choudhury, S/o. Atique Uddin Choudhury – Appellant
Versus
Begum Najifa Yasmin Choudhury, D/o. Badrul Huda Choudhury – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. G. Chamuah, learned counsel for the petitioner; Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam; and Mr. P. Baruah, learned counsel for the respondent no. 2-informant.
2. On the basis of a First Information Report [FIR] lodged by the respondent no. 2 as the informant, a case, Dhekiajuli Police Station Case no. 208/2025 was registered under Sections 318[4]/336[3]/308[2]/75[2]/351[2] of the Bharatiya Nyaya Sanhita [BNS], 2023 and Section 67[a], Information Technology [IT] Act, 2000. The case was investigated into by a Sub- Inspector of Police attached to the said Police Station. During the course of investigation, the petitioner was arrested and he was allowed to be released on bail after 52 days in custody by an Order dated 15.09.2025 passed by this Court in Bail Application no. 2797/2025.
3. After completing investigation into Dhekiajuli Police Station Case no. 208/2025, a charge-sheet was submitted by the Investigating Officer [IO]. On submission of the charge- sheet, the case has been registered as PR Case no. 857/2025. The Court of learned Judicial Magistrate, First Class, Tezpur [‘the Trial Cou
The court ruled that mere allegations of harassment, without substantial proof, are insufficient to justify the transfer of criminal proceedings, emphasizing the need for reasonable apprehension of b....
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
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