Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 5348 (GAU)

NITUL CHANDRA DAS v. THE STATE OF ASSAM

I.A.(Crl.)/7/2025 · 2025-01-08

Manash Ranjan Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010002472025 2025:GAU-AS:353 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/7/2025 NITUL CHANDRA DAS S/OLATE FATIK DAS, RESIDENT OF BANNIBARI, PO BANNIBARI, PS MUKALMUA, DIST NALBARI ASSAM 781126 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR P TALUKDAR, Advocate for the Respondent : PP, ASSAM, Linked Case : AB/3368/2024 NITUL CHANDRA DAS S/O- LATE FATIK DAS R/O- BANNIBARI P.O- BANNIBARI P.S- MUKALMUA DIST- NALBARI ASSAM PIN-781126 Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : PRADIPTA TALUKDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09.01.2025 Heard Mr. W R Medhi, learned counsel for the applicant/petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The applicant, namely, Nitul Chandra Das, son of late Fatik Das, as petitioner preferred the connected AB No. 3368/2024 apprehending his arrest in Hatigaon Police Station Case No. 599/2024 registered under Sections 120(B)/406/420/468 IPC. 3. The applicant has filed this interlocutory application for correction of some typographical errors that occurred in the connected AB No. 3368/2024, stating that inadvertently Section 120(B) of the Indian Penal Code has been erroneously typed as Section 120(A) in the cause title and pleadings (Annexure-A, translated and typed copy of the relevant FIR) and in the prayer portion including interim prayer of the connected AB No. 3368/2024 preferred by the applicant as petitioner. 4. Mr. K K Parashar, learned APP, Assam has no such objection in correction of such typographical errors that occurred in the connected AB No. 3368/2024. 5. Considering the records of the connected AB No. 3368/2024 and the relevant FIR dated 26.09.2024 pertaining to said Hatigaon Police Station Case No. 599/2024, it is found that the relevant FIR has been registered, amongst others, under Section 120(B) IPC, which has been wrongly typed as Section 120(A) IPC. Page No.# 3/3 6. After considering the materials on record and for the interest of justice, prayers made by the applicant in the present interlocutory application is allowed, enabling the applicant/petitioner to make the necessary corrections in the connected AB No. 3368/2024, putting his initials and date on those corrections. 7. With the above observations and direction, this interlocutory application stands allowed to the extent above. JUDGE Comparing Assistant