I.A.(Crl.)/1390/2025 of HAMIDUR ISLAM AND ANR Vs THE STATE OF ASSAM AND ANR on 10 February 2026

ORDER

Date : 11.02.2026

Heard Mr. G. Chamuah, learned counsel appearing for the applicants as well as Mr.

K Gogoi, learned Public Prosecutor, Assam appearing in the matter. The learned counsel for the applicants has submitted that the 3rd paragraph of the order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 by this Court ought to have been quoted as under: “The learned counsel for the petitioners has submitted that the OP No. 2 had filed an F.I.R. on 30.07.2022 before the Officer-in-Charge, Boitamari Police Outpost which culminated in PRC Case No. 790/2022 wherein sufficient grounds to proceed against the petitioner no. 1 was found by the learned Trial Court for commission of the offences punishable under Section 498(A) of the IPC. The next date fixed as per the documents available with the petition was 26.11.2024, 11.02.2025, 17.05.2025 and finally, the case is now fixed on 06.02.2026”.

The learned counsel for the applicants has further submitted that there is a typographical error in paragraph no. 4 also in putting the CR Case number. The said paragraph should have been quoted as under: “The learned counsel for the petitioners submits that one week after the filing of the aforesaid F.I.R., the complainant had also filed a complaint case which is registered as C.R. Case No. 164/2022 before the same Trial Court, wherein formal charges under Section 498(A)/34 IPC has been framed against the accused persons, namely, the petitioner No. 1, Hamidur Islam and the petitioner No. 2, Unos Ali”. The learned counsel for the applicant has submitted that there is a typographical error in putting the case numbers in the order dated order dated 10.12.2025 passed in Criminal Petition No. 1553/2025. The learned Public Prosecutor has also submitted that he has gone through the records and has agreed that the case numbers were wrongly written. Accordingly, the prayer for modification of the order order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 made by the applicants is allowed. Now, the order dated 10.12.2025 passed in Criminal Petition No. 1553/2025 shall now be read as under: “Heard Mr. G. Chamuah, learned counsel for the petitioners. Also heard Mr. K.

K. Porasor, learned Additional P.P., Assam appearing for the State. The grievance raised in this Criminal Petition is that the two proceedings regarding the same cause of action have been initiated against the petitioners at the behest of the O.P. No. 2. The learned counsel for the petitioners has submitted that the OP No. 2 had filed an F.I.R. on 30.07.2022 before the Officer-in-Charge, Boitamari Police Outpost which culminated in PRC Case No. 790/2022 wherein sufficient grounds to proceed against the petitioner no. 1 was found by the learned Trial Court for commission of the offences punishable under Section 498(A) of the IPC. The next date fixed as per the documents available with the petition was 26.11.2024, 11.02.2025, 17.05.2025 and finally, the case is now fixed on 06.02.2026. The learned counsel for the petitioners submits that one week after the filing of the aforesaid F.I.R., the complainant had also filed a complaint case which is registered as C.R. Case No. 164/2022 before the same Trial Court, wherein formal charges under Section 498(A)/34 IPC has been framed against the accused persons, namely, the petitioner No. 1, Hamidur Islam and the petitioner No. 2, Unos Ali. The learned counsel for the petitioners has submitted that it would be unlawful if both the proceedings are allowed to be carried out before the same Trial Court based on the same set of allegations leveled by the same complainant against the same accused persons. Issue Notice. Extra copies of the petition be furnished to Mr. Parasar, learned Addl. P.P., Assam appearing on behalf of the State/OP No. 1 within a period of one week from today. Petitioners to take steps for service of notice upon the OP No. 2 through registered speed post within a period of 7 (seven) working days from today. List the matter again in the 3rd week of February, 2026, on a date to be fixed by the Registry along with Service Report on OP No.2. In the meantime, it is provided that the proceedings in C.R. Case No. 164/2022 shall be kept in abeyance.” With the above, the present Interlocutory Application is disposed of.

JUDGE Comparing Assistant