Gauhati High Court
I.A.(Crl.)/125/2026 of MIRAJUL SHEIKH Vs THE STATE OF ASSAM AND ANR on 24 March 2026
GAHC010026052026 2026:GAU-AS:4490 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/125/2026 MIRAJUL SHEIKH SON OF BOSIRUL HOQUE R/O VILL- CHAR KHALISAMARI P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128. 2: BASIRUL HOQUE
GAHC010026052026
2026:GAU-AS:4490
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/125/2026
MIRAJUL SHEIKH
SON OF BOSIRUL HOQUE R/O VILL- CHAR KHALISAMARI P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128.
2: BASIRUL HOQUE ALIAS BASIRUL SHEIKH
R/O VILL- CHAR KHALISAMARI P.S. SUKCHAR
DIST. SOUTH SALMARA
MANKACHAR
ASSAM PIN-783128
VERSUS
THE STATE OF ASSAM AND ANR
REP BY PP ASSAM
2:ASMITARH BEGUM
W/O MIRAJUL SHEIKH
R/O VILL- CHAR KHALISAMARI P.S. SUKCHAR
DIST. SOUTH SALMARA
MANKACHAR
ASSAM PIN-783128
Advocate for the Petitioner : MD M ISLAM, MS. A KHATUN
Advocate for the Respondent : PP, ASSAM, MR A.K. HAJONG
BEFORE
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
25.03.2026 Heard Mr M Islam, learned counsel appearing for the petitioners. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam and Mr A K Hajong, learned counsel for the respondent No. 2.
2. The learned counsel for the petitioners has submitted that due to an inadvertent mistake in the cause title of the petition, the charge sheet has been mentioned as- “Charge Sheet being 95/2023, dated 30.06.2023, arising out of Mankachar PS Case No. 95/2023 (GR No. 149/2023).” Further, in the next paragraph, it was mentioned as- “Mankachar PS Case No. 272023 (GR No. 149/2023), under Sections 9/10/11 of the PCM Act, read with Sections 06/17 of the POCSO Act.”
3. The learned counsel for the petitioner has further submitted that due to such mistake in the order dated 09.12.2025, at Paragraph-2, the Police Station Case has been referred to as-“Mankachar PS” and at Paragraph-10 also, it has been recorded that – “the proceedings of Special (P) Case No. 245/2024, arising out of Mankachar PS Case No. 27/2023, against the present petitioners, is quashed and set aside.”
4. The learned counsel for the petitioner has tendered apology and has prayed before this Court to substitute the word-‘Mankachar’ appearing at Paragraph No. 2, in the last line by the word- ‘Sukchar’ and further, the word-‘Mankachar’ appearing at Paragraph No. 10 of the order dated 09.12.2025, passed in Criminal Petition No. 833 of 2025, be substituted by the word- ‘Sukchar’.
5. The learned counsel for the respondents have also been heard.
6. The mistake in the Cause Title appears to be in a bona fide oversight and the reflections in the order dated 09.12.2025, appears to have arisen out of the aforesaid bona fide mistakes, which occurred in the Cause Title of the Criminal Petition.
7. Accordingly, it is directed that the Paragraph No. 2 and Paragraph No. 10 in the order dated 09.12.2025, shall now be read as- “2. The instant criminal petition has been preferred under Section 528 of the BNSS, 2023, with the prayer for setting aside and quashing of the proceedings of Special (P) Case No. 245/2024, under Sections 9 and 10 of the Prohibition of Child Marriage (PCM) Act, 2006, read with Sections 6 and 17 of the POCSO Act, 2012, against the petitioner and the said case is pending before the learned Special Judge, South Salmara, Mankachar. The said special case has been registered pursuant to the charge sheet No. 95/2023, dated 30.06.2023, arising out of Sukchar PS Case No. 27/2023.”
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10. Accordingly, the proceedings of Special (P) Case No.245/2024, arising out of Sukchar PS Case No. 27/2023, against the present petitioners, is quashed and set aside.”
8. The learned counsel for the petitioners shall file an amended Cause Title in the original criminal petition, along with a copy of this order, so that the Police Station referred to in the Cause Title stands corrected. It is observed that in the prayer portion, the Police Station has been mentioned as Sukchar.
9. Interlocutory Application stands disposed of. JUDGE Comparing Assistant