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2025 DAILYLAW 28167 (GAU)

HIMANGSHU DEKA v. THE STATE OF ASSAM

I.A.(Crl.)/943/2025 · 2025-10-30

Manish Choudhury

body2025

Judgment text

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Page No.# 1/2 GAHC010192392025 2025:GAU-AS:14751 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/943/2025 HIMANGSHU DEKA S/O BIJAY CHANDRA DEKA R/O H/NO. 4, ALOKPUR, VIP ROAD, BORBORI, P.S. SATGAON, PIN-781036 DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY PP ASSAM 2:FAKAR UDDIN (COMPLAINT) S/OLATE ITHAN ALI RESIDENT OF VILL- KALIKAJARI P.O. MIKIRBHETA DIST. MORIGAON ASSAM PIN-782001 Advocate for the Petitioner : MRS. R DEVI, MR. A R TAHBILDAR,MR D J DAS,M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 31.10.2025 Heard Mr. R. Devi, learned counsel for the petitioner and Ms. N. Das, learned Additional Public Prosecutor for the opposite parties. 2. The applicant as the petitioner has preferred the accompanying criminal petition, Page No.# 2/2 Criminal Petition no. 1018/2025 under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking setting aside and quashing of an Order dated 02.06.2025 passed by the Court of learned Sub-Divisional Judicial Magistrate [Sadar], Morigaon in Complaint Case no. 920/2024 and the entire proceedings of Complaint Case no. 920/2024. 3. When the petition was moved on 21.08.2025, this Court while issuing notice making it returnable on 19.09.2025, has ordered, in the interim, that the operation of the Order dated 02.06.2025 and the consequential and subsequent proceeding initiated thereupon shall remain suspended till the returnable date. 4. The instant interlocutory application is preferred stating that in the Order dated 21.08.2025, a typographical mistake has crept in while giving the details of the complaint case. It is stated that in the Order dated 21.08.2025, it is mentioned as ‘Complaint Case no. 920/2022’ instead of ‘Complaint Case no. 920/2024’. 5. I have perused the statements and averments made in the accompanying criminal petition. 6. It is evident that the same is a typographical error which has crept in inadvertently. Therefore, the instant application is allowed. 7. It is ordered that for all intent and purpose, in the Order dated 21.08.2025 passed in Criminal Petition no. 1018/2025, the details of the complaint case should be read as ‘Complaint Case no. 920/2024’ instead of ‘Complaint Case no. 920/2022’ and this Order is to be treated as part and parcel of the Order dated 21.08.2025. JUDGE Comparing Assistant