GAHC010028972022

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1288/2022

MRS. ARIFA BEGUM

W/O MD SIRAJUDDIN AHMED, R/O GMC LINK ROAD, HOUSE NO. 65,

CHRISTIAN BASTI, GUWAHATI, P.O.-DISPUR POST OFFICE, DIST-

KAMRUP(M), ASSAM, PIN-78105

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF

ASSAM, JUDICIAL DEPARTMENT, DISPUR, GUWAHATI-781006

2:JAGADISH DEKA

S/O LATE NANDI RAM DEKA

R/O DHIRENPARA

P.O. AND P.S.- FATASIL AMBARI

GUWAHATI-781025 DIST- KAMRUP(M)

ASSAM

Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR G DEKA,MR. N G KUNDU

Advocate for the Respondent : GA, ASSAM,

Linked Case : Crl.Pet./899/2018

ARIFA BEGUM

W/O MD. SIRAJUDDIN AHMED

R/O GMC LINK ROAD

HOUSE NO 65

CHRISTIAN BASTI GUWAHATI- 781005

P.O. DISPUR

DIST KAMRUP

ASSAM

VERSUS JAGADISH DEKA AND ANR.

S/O LATE NANDI RAM DEKA R/O DHIRENPARA P.O. AND P.S. FATASIL AMBARI GUWAHATI - 781025 DIST.KAMRUP (M)

ASSAM.

2:THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR ASSAM Advocate for : MR. P K ROYCHOUDHURY Advocate for : PP ASSAM appearing for JAGADISH DEKA AND ANR.

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 17.11.2025 Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner in W.P.[C] no.

1288/2022 and in Criminal Petition no. 899/2018. Also heard Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 1 in W.P.[C] no. 1288/2022 and Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent no. 2 in Criminal Petition no. 899/2018.

Mr. Roychoudhury, learned counsel appearing for the petitioner in W.P.[C] no.

1288/2022 has submitted that the petitioner may be allowed to withdraw the writ petition with a liberty to assail the impugned Order dated 20.03.2021, assailed in the writ petition, in period of 2 [two] weeks from today. He has further submitted that the interim order passed in W.P.[C] no. 1288/2022 may be ordered to be in force for the said period of 2 [two] weeks.

The submissions made by Mr. Roychoudhury have not been opposed by the learned counsel for the respondents.

In view of the above submissions made by Mr. Roychoudhury, learned counsel for the petitioner and as agreed to by the learned counsel for the parties, the writ petition, W.P.[C] no. 1288/2022 stand dismissed on withdrawal, with the liberty, as prayed for. However, the interim order operating in W.P.[C] no. 1288/2022 will be in force for a period of next 2 [two]

weeks from today.

It is observed that in the event any application is filed by the petitioner in Criminal Petition no. 899/2018 in respect of the impugned Order dated 20.03.2021, then the same is to be considered as per its own merits.

Interim order passed in Criminal Petition no. 899/2018 shall also continue till the next date of listing.

JUDGE Comparing Assistant