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2025 DAILYLAW 19140 (GAU)

NUMAN UDDIN v. THE STATE OF ASSAM

I.A.(Crl.)/1026/2025 · 2025-09-15

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010205972025 2025:GAU-AS:12735 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1026/2025 NUMAN UDDIN S/O LATE HAFIZ AYUB AHMED, RESIDENT OF NAYAPATON, PS BADARPUR, DIST SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN Advocate for the Respondent : PP, ASSAM, In AB/2130/2025 NUMAN UDDIN S/O LATE HAFIZ AYUB AHMED R/O NAYAPATON P.S. BADARPUR DIST. SRIBHUMI ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP ASSAM With AB/2130/2025 ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.09.2025 1. Heard Mr. HRA Choudhury, the learned Senior Counsel, assisted by Mr. I.U. Chowdhury, the learned counsel for the applicant/petitioner. 2. This Interlocutory Application has been filed by the petitioner/applicant, in connection with AB Case No. 2130/2025, wherein, by order dated 02.09.2025, the petitioner/applicant was granted interim anticipatory bail and was directed to appear before the Investigating Officer within 7(seven) days from the date of the said order. 3. The learned Senior Counsel for the petitioner/applicant has submitted that in the meanwhile, the petitioner/applicant has come to know that the informant would be filing a fresh case under non-bailable provisions of law and as soon as the petitioner/applicant appears before the Investigating Officer in this case, in pursuant to the directions of this Page No.# 3/3 Court, he would be arrested. 4. The learned Senior Counsel for the petitioner/applicant submits that the petitioner/applicant would be filing an appropriate application seeking protection from any such arrest and, therefore, in this case, he prays for modification of the order dated 02.09.2025, passed in AB Case No. 2130/2025, by extending time to appear before the Investigating Officer from 7(seven) days to further 15(fifteen) days. 5. I have also heard Ms. N. Das, the learned Additional Public Prosecutor as well as Ms. K. Verma appearing for the informant, who do not have any objection to such extension. 6. The prayer is allowed. 7. The order dated 02.09.2025 passed in AB Case No. 2130/2025 is hereby modified to the extent that the petitioner/applicant is given 15(fifteen) more days to appear before the Investigating Officer of Badapur P.S. Case No. 149/2025, in pursuant to the order so passed in AB Case No. 2130/2025 on 02.09.2025. 8. With the above observations, this Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant