GAHC010233182025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6026/2025

RAJANI SAHANI

W/O- PRAMOD SAHANI, R/O- H.NO-58, BISHNUPUR, SHIV MANDIR

LOCALITY, P.O- BIRUBARI, P.S- BHARALUMUKH, DIST- KAMRUP (M),

ASSAM, PIN-781016

VERSUS

THE STATE OF ASSAM AND ORS

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,

HEALTH AND FAMILY WELFARE DEPARTMENT

DISPUR, GUWAHATI- 6.

2:THE GUWAHATI MEDICAL COLLEGE HOSPITAL (GMCH)

REPRESENTED BY ITS SUPERINTENDENT/ DIRECTOR BHANGAGARH

GUWAHATI-781032.

3:THE OFFICER IN CHARGE

BHARALUMUKH POLICE STATION

GUWAHATI-09

KAMRUP (M)

ASSA

Advocate for the Petitioner : P. KALITA, MR. M K SAH Advocate for the Respondent : GA, ASSAM, SC, HEALTH

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : --28.10.2025 Heard Mr. M.K. Sah, learned counsel for the petitioner; Mr. D.P. Borah, learned Standing Counsel, Health & Family Welfare Department, Assam for the respondent nos. 1 & 2; and Mr.

S.S. Roy, learned Junior Government Advocate, Assam for the respondent no. 3.

2. Issue notice. In view of the nature of issue raised in the writ petition, notice is made returnable on 03.11.2025, as agreed to by the learned counsel for the respondents.

3. As Mr. Borah, learned Standing Counsel, Health & Family Welfare Department has appeared and accepted notices on behalf of the respondent nos. 1 & 2; and Mr. Roy, learned Junior Government Advocate has appeared and accepted notice on behalf of the respondent no. 3, issuance of formal notice to the respondents is disposed with. The learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with annexures to Mr. Borah and Mr. Roy on or before 31.10.2025.

4. The petitioner herein is the mother of a minor girl, who is a student of Class-VIII in a school at Guwahati. As per the Birth Certificate issued by the Competent Authority in the Directorate of Statistics and Evaluation, Department of Planning and Development, Government of Bihar, the date of birth of the minor girl is 05.06.2010. It is asserted that the minor girl is a victim of sexual assault of the accused in Bharalumukh Police Station Case no.

111/2025.

5. The father of the minor victim girl lodged a First Information Report [FIR] before the Officer-In-Charge, Bharalumukh Police Station on 09.07.2025 alleging inter-alia that the minor victim girl was kidnapped by the accused, named therein, at around 6-00 p.m. on 28.06.2025 when the minor victim girl went out of the residence in the locality of Bishnupur Shiva Mandir. The FIR further mentioned that on enquiry, the informant came to know that the accused induced the minor victim girl to accompany him to certain unknown place.

6. On receipt of the FIR, the Officer-in-Charge, Bharalumukh Police Station registered the same as Bharalumukh Police Station Case no. 111/2025 under for the offence under Section 96/3[5], Bharatiya Nyaya Sanhita [BNS], 2023 and entrusted a Sub-Inspector of Police to investigate into the case. During the period of investigation, the informant-father of the minor girl could manage to secure the minor girl from the family members of the accused and could bring her back to Guwahati. The parents of the minor victim girl took her to Bharalumukh Police Station on 23.07.2025 for medical examination; for her production before the Jurisdictional Court and recording of her statement. On being so produced, the I.O. of the case forwarded the minor girl for medical examination escorted by a lady Police staff and after medical examination, the minor victim girl was produced before the Court of learned Chief Judicial Magistrate [CJM], Kamrup [Metro], Guwahati on 23.07.2025 with a prayer to record her statement under Section 183, BNSS. The prayer made by the Investigating Officer [I.O.] for recording the minor girl under Section 183, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 was allowed by the learned CJM, Kamrup [Metro], Guwahati by an Order dated 23.07.2025. The s