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2025 DAILYLAW 18789 (GAU)

BABLU SK v. THE STATE OF ASSAM

AB/2262/2025 · 2025-09-24

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010199282025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2262/2025 BABLU SK S/O REZZAK ALI VILL- KODAIDHOWA P.O. KALAPANI,P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.09.2025 1. Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. The application under Section 482 of BNSS has been filed by the petitioner, namely, Bablu Sk, who is apprehending his arrest in connection with PRC Case No. 64/2025 under Section 365 of the Indian Penal Code read with Page No.# 2/2 Section 25(1)(A)(B) of the Arms Act pending before the Court of the learned Judicial Magistrate First Class, South Salmara. 3. The learned counsel for the petitioner has submitted that the petitioner’s name is Bablu Sk whereas the charge-sheet in the aforesaid PRC case has been filed against one Babu Sk. He further submits that the summons issued by the Trial Court in the name of Babu Sk has been wrongly served on the petitioner and, therefore, he is apprehending that he may be arrested. 4. On the other hand, the learned Additional Public Prosecutor submits that there is no apprehension of the petitioner getting arrested as the petitioner has only been served with the summons that too in the name of some other person. 5. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record. 6. The apprehension of the petitioner that he may be arrest in connection with aforesaid PRC case has no basis. Even if the summons issued by the Trial Court in the name of Babu Sk is wrongly served on the petitioner, he may appear before the said Court and may clarify the fact before the Trial Court. 7. In any view of the matter there is no apprehension of the petitioner getting arrested, therefore, this anticipatory bail application is accordingly disposed of with above observations. JUDGE Comparing Assistant