AFSAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel Mr. B. Chowdhury appearing for the petitioners. Also heard Mr. B.B. Gogoi, the learned Addl. P.P., Assam.

(2.) The petitioners, namely, (1) Afsar Ali (2) Mustt. Kulebanu and (3) Saidul Islam @ Saidur Alom have prayed for an order under Section 438 of the Cr.P.C. in the matter of Lawkhowa Chapori P.S. Case No. 27 of 2020 corresponding to G.R. No. 258 of 2020.

(3.) One Hasnara Khatun had lodged an FIR on 03.05.2020 against 14 persons including the three petitioners. She alleged that on 02.05.2020 at about 3:30 p.m. while her husband Moinul Hoque was going to a shop, he was restrained by the petitioners and their relatives. The informant has alleged that the petitioner Afsar Ali was holding a pointed iron rod and he was assisted by the other relatives. According to the informant those persons attacked her husband, which causing grievous hurt to his right ear and above right eye and face. The informant has stated that she heard about the incident and therefore she rushed to save her husband but she was also assaulted by those persons.