Jesmina Parbin, v. The State of Assam and Anr

Page No.# 1/3 GAHC010010312024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/62/2024 JESMINA PARBIN, D/O ALHAJ ABDUS SATTAR, W/O ABDUS SATTAR, R/O VILL-NATUN BADLA, P.O. TUPAMARI, P.S. NAGARBERA, DIST. KAMRUP, ASSAM, PIN-781127 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:ABDUS SATTAR S/O LATE ABDUL BAREK R/O VILL-JAWKATADIYA P.O. DEKACHUNG P.S.BOKO DIST. KAMRUP ASSAM PIN-78113 Advocate for the Petitioner : MRS A SAIKIA Advocate for the Respondent : PP, ASSAM Linked Case : Crl.Pet./12/2024 JESMINA PARBIN D/O ALHAJ ABDUS SATTAR W/O ABDUS SATTAR R/O VILL-NATUN BADLA P.O. TUPAMARI Page No.# 2/3 P.S. NAGARBERA

DIST. KAMRUP ASSAM PIN-781127 VERSUS THE STATE OF ASSAM AND ANR REP.B Y THE PP GOVT. OF ASSAM 2:ABDUS SATTAR S/O LATE ABDUL BAREK R/O VILL-JAWKATADIYA IN P.O. DEKACHUNG P.S.BOKO

DIST. KAMRUP ASSAM PIN-781136 ------------ Advocate for : MRS A SAIKIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 17/07/2024 Heard Ms. A Saikia, learned counsel for the applicant/appellant and Mr. D Das, learned Additional Public Prosecutor, Assam for the opposite party/respondent No. 1.

¶2The applicant as petitioner filed the connected Crl. Pet. No. 12/2024 praying for quashing/suspending/cancelling the FIR No. 261/2022 dated 01.06.2022 filed by the opposite party/respondent No. 2 registered as Hatigaon P.S. Case No. 261/2022 registered under Sections 384/506 of the IPC read with Section 67 of the IT Act.

¶3In the typed copy of the said FIR dated 01.06.2022 annexed to the said Crl. Pet. No. 12/2024, the petitioner inadvertently typed the name of the informant of said Hatigaon P.S. Case No. 261/2022 Page No.# 3/3 along with the FIR named accused, i.e., the applicant/petitioner in the same side under the name of the informant.

¶4By this application, the applicant/petitioner prays for correction of the said typographical error as crept in Page-72 that relates to the typed copy of the FIR dated 01.06.2022 relating to Hatigaon P.S. Case No. 261/2022 to which Mr. D Das, learned Additional Public Prosecutor, Assam for the opposite party No. 1 has no objection.

¶5It is seen that the petitioner has annexed the photocopy of the certified copy of the FIR dated

01.06.2022 relating to Hatigaon P.S. Case No. 261/2022 which is in vernacular (Assamese) with the said Crl. Pet. No. 12/2024.

¶6The petitioner has also submitted a typed copy of the said FIR dated 01.06.2022 relating to Hatigaon P.S. Case No. 261/2022 and apparently there is a typographical error at Page-72 of the said Crl. Pet. No. 12/2024 incorporating the name of the FIR named accused, i.e., the applicant/petitioner under the name of the informant of the said Hatigaon P.S. Case.

¶7Accordingly, the applicant/petitioner is allowed to incorporate the corrected/proper translated copy of the FIR dated 01.06.2022 registered as Hatigaon P.S. Case No. 261/2022 at Page No.72 with the connected Crl. Pet. No. 12/2024 as been mentioned/stated at Page-8 of this Interlocutory Application.

¶8With the above observation, this Interlocutory Application stands allowed.

¶9Registry shall list the connected Crl. Pet. No. 12/2024 for admission after the necessary correction made by the petitioner as directed above.

JUDGE Comparing Assistant