Gauhati High Court
Dilip Hussain vs The State Of Assam on 10 November, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010251942023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1066/2023
DILIP HUSSAIN
S/O MAJIBAR HUSSAIN,
VILL. AND P.O.- BAGUDI, P.S.- BARPETA, DIST.- BARPETA, ASSAM- 781311.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A GANGULY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
10.11.2023 Heard Mr. A. Ganguly, learned counsel for the applicant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State.
This interlocutory application has been filed for correction of the order dated 11.10.2023 passed by this Court in AB No.3344/2023, wherein the pre-
Page No.# 2/3 arrest bail was granted to the petitioner in connection with Behali P.S. Case No.110/2023 registered under Sections 120(B)/379/411/353 of IPC read with Section 53(1)(a) of the Assam Excise (Amendment) Act, 2018.
The learned counsel for the applicant submits that at paragraph-7 of the order dated 11.10.2023, the name of the police station along with the case number and sections of the particular Act has been inadvertently mentioned as Basistha P.S. Case No.451/2023 registered under Sections 379/429 of IPC read with Section 13(1)/16 of the Assam Cattle Preservation (Amendment) Act, 2021 and r/w Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 instead of "Behali P.S. Case No.110/2023 registered under Sections 120(B)/379/411/353 of IPC read with Section 53(1)(a) of the Assam Excise (Amendment) Act, 2018".
The learned Additional Public Prosecutor has no objection to the prayer so made.
In view of above, paragraph-7 of the order dated 11.10.2023 passed in AB No.3344/2023, henceforth be read as " Behali P.S. Case No.110/2023 registered under Sections 120(B)/379/411/353 of IPC read with Section 53(1)(a) of the Assam Excise (Amendment) Act, 2018".
Due to the wrong mentioning of the police station along with the case number and sections of the particular Act, the petitioner could not appear before the Investigating Officer as directed by this Court.
The learned counsel for the petitioner prays for 10 (ten) days' further time to appear before the Investigating Officer of the concerned Police Station from today.
The prayer of the learned counsel for the petitioner to appear before the Page No.# 3/3 Investigating Officer is granted.
The I.A. stands disposed of accordingly.
JUDGE Comparing Assistant