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2025 DAILYLAW 10714 (GAU)

SRI MANISH SHROFF AND ANR v. ASOMI INDUSTRIES PVT LTD AND ANR

I.A.(Crl.)/349/2025 · 2025-04-22

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010062422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/349/2025 SRI MANISH SHROFF AND ANR S/O LT BISHWAMBHARLAL SHROFF R/O SHAHI BAUG AHMEDABAD GUJARAT INDIA PIN 380004 2: SRI SIDHARTH DHELIA S/O VINOD KUMAR DHELIA R/O A.T. ROAD TINSUKIA PS TINSUKIA DIST. TINSUKIA ASSAM PIN-786125 VERSUS ASOMI INDUSTRIES PVT LTD AND ANR HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT ASOMI CAMPUS 32A B R DEKA PATH N H 37 JALUKBARI GUWAHATI781014 ASSAM 2:SRI DIGANTA DAS S/O SRI NRIPEN DAS R/O PUB KATHALMURI PS PATACHARKUCHI DIST. BARPETA ASSAM PIN 781328 ------------ Advocate for : MR. K KALITA Page No.# 2/2 Advocate for : appearing for ASOMI INDUSTRIES PVT LTD AND ANR BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 23.04.2025 1. Heard Mr. K. Kalita, learned counsel for the applicants. 2. The petitioners have filed the Criminal Petition No.368/2025, in the title page of the said Criminal Petition it was mentioned that it was filed under Section 482 of the Criminal Procedure Code, whereas it should have been under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. I have considered the submissions made by learned counsel for the applicants. 4. This Court is of the opinion that if the prayer of the petitioners is allowed, nobody will get prejudiced. 5. Therefore, the prayer is allowed. 6. Henceforth, Criminal Petition No.368/2025 shall be considered to have been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. With the aforesaid direction, the I.A. stands disposed of. JUDGE Comparing Assistant