Page No.# 1/3 GAHC010033102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./206/2025 MOHIJ ALI SHEIKH S/O MAMUD ALI SHEIKH, R/O PASCHIM BHADRAGAON, P.S. AND DISTRICT BONGAIGAON, ASSAM, PIN-783372 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K M HASSAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.04.2025 Heard Mr. K M Hassan, the learned counsel appearing for the petitioner. Also heard Mr. Bankim Sarma, the learned Additional P.P. for the State of Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of PRC Case No. 725/2021 arising out of Chapar P S. Case No. Page No.# 2/3 526/2020. 3. On 28.11.2020, at about 7.30 PM, police was checking the vehicles. Police signalled the vehicle bearing registration No. AS 19L/2318 to stop, driven by Ahish Ali at Tilapara, Bilasipara. The vehicle did not stop and it started to run away. Ultimately police managed to apprehend Ahish Ali alongwith his vehicle. Therefore, police started investigation and finally on the basis of the said prosecution story, lodged the FIR against Mohij Ali Sk., who is the brother of the aforementioned Ahish Ali. 4. The petitioner Mohij Ali Sk. raised the issue before the trial court when he appeared there on receipt of the summons. 5. Thereafter, the trial court asked the Investigating Officer to appear before the trial court to clarify the matter. For the long time, the Investigating Officer did not appear before the trial court. It may be mentioned that Ahish Ali was arrested in the said case being Chapar P S Case No.526/2020. The present petitioner Mohij Ali Sk., being the brother of Ahish Ali, filed a bail application in the court of the learned Judicial Magistrate First Class, Bilasipara praying for releasing his brother Ahish Ali on bail. 6. The learned counsel for the petitioner submits that the petitioner was never arrested by police nor he was ever questioned by police in connection with the aforementioned case. 7. After considering the submissions made by the learned counsels of both sides, this Court is of the opinion that the name of the petitioner Mohij Ali Sk. has been erroneously shown in the charge sheet. The charge sheet should have been filed against Ahish Ali. The petitioner Mohij Ali Sk. does not deserve to be tried for the offence committed by his brother Ahish Ali. Page No.# 3/3 8. Therefore, the criminal petition is allowed. The charge sheet filed against the petitioner Mohij Ali Sk. is quashed and set aside. 9. The Investigating Officer is directed to file charge sheet against Ahish Ali showing his name in the 3rd column of the charge sheet. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant