✦ Gauhati High Court · 25 Nov 2022

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

Ab No. 3522 of 2022SUSMITA PHUKAN KHAUND

Case at a glance

Provisions considered

Judgment

Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25-11-2022 Page No.# 2/3 Heard Mr. M.U. Mahmud, learned counsel for the petitioners and Mr. K.K. Parashar, learned Additional Public Prosecutor for the respondent State of Assam.

2.

The petitioners, namely, Shahidul Islam and Abdul Maleque, have submitted that they are apprehending arrest in connection with Abhayapuri police case. No FIR has been registered but a GD entry being GD entry no.332 dated 20.11.2022 has been registered and that the petitioners were issued notice to produce certain documents regarding Ishan Uday and Pre-Matric Scholarships given to student for the year 2020-21.

3.

Earlier one FIR was lodged with the police at Barpeta P.S. and the informant was Biswajit Nath. The FIR was relating to the same subject matter. Another FIR was lodged regarding to the same subject matter by another person named Shahidul Islam. It is submitted that two cases have already been registered and investigated being Barpeta P.S. case no.1058/2022 and Abhayapuri P.S. case no.934/2021. The petitioner, namely Shahidul Islam is the Principal of C.K. College, Chakla and his image would be tarnished at the event of his arrest. The petitioner has prayed for interim protection.

4.

It is submitted that earlier the petitioner was granted bail under section 438 Cr.P.C. in case no.AB 3684/2021 and this Bench had given interim protection in case no. AB 3322/2022.

5.

As no FIR has been registered against the petitioner the learned APP is directed to obtain a report from the concerned P.S. regarding any FIR lodged in relation to Kokila Watch Post GD entry no.332 dated 20.11.2022. Page No.# 3/3

6.

The prayer for interim protection is not considered at this stage. JUDGE Comparing Assistant

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 438.

Which court decided this case, and when?

Gauhati High Court, on 25 Nov 2022. The bench was SUSMITA PHUKAN KHAUND.

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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