GAUHATI HIGH COURT ISSUES ORDER ON SATTER ALI ABDUS SATTER V/S THE STATE OF ASSAM AND ANR

GUWAHATI, India, Jan. 27 -- Gauhati High Court issued the following order on Jan. 5:

1. Heard Mr. A. Islam, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking quashing of [i] a First Information Report [FIR] dated 17.04.2025, registered as Dhubri Police Station Case no. 208/2025 under Sections 126[2]/65[1]/62, Bharatiya Nyaya Sanhita [BNS], 2023, read with Section 10 of the Protection of Children from Sexual Offences [POCSO] Act, 2012; [ii] a charge-sheet, being Charge-Sheet no. 276/2025 dated 22.07.2025, submitted in connection with Dhubri Police Station Case no. 208/2025; and [iii] the criminal proceedings of Special Case no. 241/2025, which arose out of Dhubri Police Station Case no. 208/2025, and G.R. Case no. 613/2025, presently pending before the Court of Additional Session Judge-cum-Special Judge [POCSO], Dhubri ['the Special Court', for short].

3. It is the contention of the learned counsel for the petitioner that after registration of the FIR on 17.04.2025, the petitioner was not served with any notice of appearance in terms of Section 41A, CrPC [corresponding Section 35, BNSS], who was to be served upon him within two weeks from the date of institution of the case by the Investigating Officer [I.O.] and the I.O. merely mentioned in the Charge-Sheet that the petitioner was found absconding during the period of investigation. The Charge-Sheet was submitted by the I.O. with a prayer to the Special Court to issue warrant of arrest against the petitioner.

4. Mr. Islam, learned counsel for the petitioner has relied upon the decision of the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and another, [2014] 8 SCC 273, in support of his submissions and to seek interference.

5. Mr. Goswami, learned Additional Public Prosecutor appearing for the respondent State has submitted that the allegations in the FIR had clearly made out a case for the offences under which the FIR was registered on 17.04.2025 as Dhubri Police Station Case no. 208/2025. He has further pointed out that the petitioner was well aware of the allegations made against him in the FIR registered on 17.04.2025, as he had approached the Special Judge, Dhubri initially and subsequently, this Court seeking the privilege of pre-arrest bail. He has further pointed out that the Special Court had already issued summons to secure the appearance of the petitioner as the sole accused in Special Case no. 241/2025. Yet, the petitioner has not appeared before the Special Court till date.

6. The informant is the father of the alleged victim. In the FIR lodged on 16.04.2025, it was inter-alia alleged that the alleged victim, aged about 15 years, was a student of Fesarhat Jameliya Isamiya Hafijiya Madrassa. The petitioner is a teacher in the said Madrassa. On 10.04.2025, though the Madrassa remained close, the petitioner called a few girl students of the Madrassa including the alleged victim for winnowing rice and other works. On that day, the petitioner took the alleged victim inside the office room and by closing the door, hugged the alleged victim. The petitioner touched the breast of the alleged victim and also tried to rape her. When the alleged victim started shouting, the accused shut her mouth. When she bite the hands of the accused, the accused released her. On hearing the noise, the other girls arrived at the spot and at that moment, the accused fled away by opening the door.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2FL%2FOcpyMerh6loIOe8yH%2BL6CInTQAMQ9Q4WzmXsrDEM&caseno=Crl.Pet./1476/2025&cCode=1&cino=GAHC010256342025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.