Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 19532 (GAU)

MIZANUR RAHMAN v. THE STATE OF ASSAM

AB/2722/2024 · 2025-02-17

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010212762024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2722/2024 MIZANUR RAHMAN S/O ABDUL HASEM, VILL- CHARBARI, P.O.-PURANDIAYARA, P.S.- MANKACHAR, DIST-SOUTH SALMARA MANKACHAR, PIN-783135 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. S NAZNEEN, MR S BORTHAKUR,MR. K M HASSAN Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 18.02.2025 Heard Mr. S. Borthakur, the learned counsel representing the petitioner. Also heard Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Mankachar P.S. Case Page No.# 2/2 No.171/2024. 3. The Joint Director of Health Services had filed a complaint before police that a particular Birth Certificate of Nur Sahida Begum was placed before him by her father Nur Hussain. The Joint Director had the suspicion that the said Birth Certificate was a forged document. He interrogated Nur Hussain and from him he came to know that the present petitioner Mizanur Rahman had given the said Birth Certificate. 4. During investigation, police searched the house of the present petitioner and found several Birth Certificates shown to be issued by a Health Centre and some blank Birth Certificates having seal of a Health Centre. 5. The Joint Director had quoted as saying to him that he wanted to have the Birth Certificate of his daughter corrected because it contained wrong particulars and therefore, the present petitioner directed him to hand over the Birth Certificate to him in his computer shop, which is owned by Firdus Chowdhury. From that computer shop, the present petitioner gave him forged Birth Certificate. 6. It may be stated that Firdus Chowdhury was granted pre-arrest bail by this Court vide A.B. No.2703/2024 on the ground that Firdus Chowdhury though owned the computer shop, it was actually ran by the present petitioner. 7. Today, I have considered the submissions made by the learned counsel of both sides. 8. The Case Diary reveals that the present petitioner used to run a computer shop, which is actually owned by Firdus Chowdhury. From this shop with the help of computers, the present petitioner used to manufacture fake Birth Certificates for the purpose of using the same to procure Aadhaar Cards. 9. The Case Diary has sufficient incriminating materials against the present petitioner. Therefore, he does not deserve to be given the privilege of anticipatory bail. 10. The application filed by Mizanur Rahman is rejected and disposed of accordingly. Case Diary shall be returned. JUDGE Comparing Assistant