Gauhati High Court
Crl.M.Appl./513/2025 of KHAYRUL ISLAM HAZARI Vs THE STATE OF ASSAM AND ANR. on 22 September 2026
GAHC010086772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./513/2025 KHAYRUL ISLAM HAZARI S/O LATE MAHMUD ALI HAZARI VILL-MADHURBOND, P.O. AND P.S.SILCHAR, DIST. CACHAR, ASSAM, PIN-788001. PRESENTLY RESIDING AT SATTLEMENT
GAHC010086772025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./513/2025
KHAYRUL ISLAM HAZARI
S/O LATE MAHMUD ALI HAZARI
VILL-MADHURBOND,
P.O. AND P.S.SILCHAR,
DIST. CACHAR, ASSAM,
PIN-788001.
PRESENTLY RESIDING AT SATTLEMENT ROAD,
P.O. AND P.S. SRIBHUMI,
DIST. SRIBHUMI, ASSAM,PIN-788710
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
2:BILAL AHMED
S/O LATE KALA MIA
VILL-JAGANNATHPUR
P.S. RATABARI
P.O. RATABARI
DIST.SRIBHUMI
ASSAM
PIN-78873
Advocate for the Petitioner : MR. I ALAM, MR. T SK
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date : 23.09.2026
Heard Mr. I. Alam, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent No. 1.
2. In this petition, under Section 528 of the BNSS, 2023, the petitioner has challenged the Charge-sheet No. 200/2021, dated 31.07.2024, in connection with Ratabari P.S. Case No. 149/2020, dated 03.07.2020, under Section 409 IPC and also the proceeding of G.R. Case No. 1620/2020, pending before the Court of learned Judicial Magistrate 1st Class (I), Sribhumi.
3. During the course of hearing, Mr. Alam, learned counsel for the petitioner has produced one certified copy of the order dated 11.03.2026, passed by the learned Judicial Magistrate 1st Class (I), Sribhumi (‘trial Court’, for short), in G.R. Case No. 1620/2020 and PRC Case No. 1774/2024, and submits that the petitioner herein, who challenged the proceeding, has already been discharged by the learned trial Court, under Section 239 of the CrPC, on account of absence of prima facie materials against him. Mr. Alam also submits that in view of the discharge order being passed by the learned trial Court, this present petition becomes infructuous.
4. Accordingly, taking note of the submissions of learned counsel for both the parties, this petition stands closed being infructuous.
5. The certified copy of the order dated 11.03.2026, shall be marked as ‘X’ and tagged with the record. JUDGE Comparing Assistant