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2025 DAILYLAW 11211 (GAU)

APU SARMAH v. THE STATE OF ASSAM

AB/1361/2021 · 2025-04-02

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010071122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/303/2025 SRI APU SARMAH SON OF SRI DILIP SARMAH, RESIDENT OF HOUSE NO. 14, MUSKAN RESIDENCY, INFRONT OF COLOUR MALL, RAIPUR, CHATTISGARH VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR. Advocate for the Petitioner : MR. R DUBEY, MR. A N I HUSSAIN,MS. A B KAYASTHA Advocate for the Respondent : PP, ASSAM, Linked Case : AB/1361/2021 APU SARMAH S/O SRI DILIP SARMAH R/O HOUSE NO. 14 MUSKAN RESIDENCY INFRONT OF COLOUR MALL RAIPUR CHATTISGARH VERSUS Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ------------ Advocate for : MR. R DUBEY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 03.04.2025 1. Heard learned counsel Mr. R. Dubey for the applicant with prayer for correction of a typographical error in the order dated 12.05.2021, passed by this Court in connection with AB No. 1361/2021. 2. It is submitted on behalf of the applicant that investigation has concluded and Final report has been submitted against the applicant which is marked as Annexure-2 of this application. The Final report is Dispur P.S. F.R. Case No 3914 dated 30.09.2023. Although, F.R. has been submitted against the applicant due to insufficiency of evidence, yet there was a typographical error in the order dated 12.05.2021, wherein, instead of typing Section 498(A) of the IPC, it was typed in the order as Section 489(A) of the IPC. It is submitted on behalf of the petitioner that the petitioner is a partner in a partnership firm namely, M/S Shiva Enterprises having its corporate office at Unit No. 617-618, 6th floor, Tower B-4, Spaze I-Tech Park, Gurgaon. He is also one of the directors and shareholder of Candid Infotech Private Ltd, having its business in Ghaziabad, Uttar Pradesh. 3. When the applicant applied for loan, he learnt that a criminal case was pending against him under Section 489(A) of the IPC which relates to Page No.# 3/3 counterfeiting of currency notes and loan was not granted to him. 4. It is further submitted that this order has also been reflected in the Indian kanoon.Org. 5. I have considered the submissions at the Bar. 6. The error wherein Section 489(A) of the IPC is typed, it is to be corrected and typed as Section 498(A) of the IPC in connection with AB No. 1361/2021 vide order dated 12.05.2021. 7. In terms of the above observation, this I.A. stands disposed of. JUDGE Comparing Assistant