✦ Gauhati High Court · 07 Nov 2022

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

MANISH CHOUDHURY

Case at a glance

Outcome

Allowed

Accordingly, the instant interlocutory application is allowed

Provisions considered

Judgment

Operative part

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/663/2022 MONSOOR AHMED S/O- OMIRUL ISLAM @ AMIRUL, VILLAGE- FAKIRPARA, P.O.- RADHAMADHAB HAT, P.S.- MANKACHAR, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783131. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. M ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY Date : 07-11-2022 ORDER Heard Mr. M. Islam, learned counsel for the applicant-petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent-opposite party. The applicant as the petitioner, has preferred the connected application, A.B. no. 3045/2022 under Section 438, Code of Criminal Procedure, 1973 [CrPC], seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Mankachar Police Station Case no. 209/2022 registered under Sections 376/366, Indian Penal Code [IPC]. Page No. 2/2 The instant interlocutory application has been preferred by the applicant-petitioner stating that an unintentional typographical error has been crept in in the cause-title of the application, A.B. no. 3045/2022. It is averred that instead of “Mankachar Police Station Case no. 209/2022” the same has been typed as “Mankachar Police Station Case no. 509/2022” and a prayer is made that the said typographical mistake may be permitted to be corrected. Considering the submission made by the learned counsel for the applicant- petitioner and the averment made in this interlocutory application, this Court is of the considered view that the typographical mistake appears to have been crept in inadvertently. Accordingly, the instant interlocutory application is allowed. It is observed that in the cause- title of the application, A.B. no. 3045/2022, for all intents and purposes, the concerned crime case should be read as “Mankachar Police Station Case no. 209/2022” instead of “Mankachar Police Station Case no. 509/2022”. The office is to make necessary correction in the cause-title of the application, A.B. no. 3045/2022 accordingly. JUDGE Comparing Assistant

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the instant interlocutory application is allowed

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 366, 376.

Which court decided this case, and when?

Gauhati High Court, on 07 Nov 2022. The bench was MANISH CHOUDHURY.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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