Yousuf Ali v. The State of Assam

ORDER

11.03.2024 Heard Mr. M.U. Mahmud, learned counsel for the applicant and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/2

¶2This application, under Section 438 Cr.P.C. is preferred by applicant, namely, Yousuf Ali, who has been apprehending arrest in connection with any case lodged with Manikpur P.S. in connection with money lending business.

¶3Mr. Mahmud, learned counsel for the applicant submits that as instructed by him, no case has been registered against the present applicant, but he is being searched by police and as such, he apprehends that he may be arrested in connection with money lending case.

¶4It is to be noted here that vide order dated 06.03.2024, the learned Additional P.P. was directed to obtain written instruction from the Officer-in-Charge, Manikpur P.S., as to whether any case has been registered against the present applicant or not.

¶5Today, Mr. Sarma, learned Additional P.P. has produced one report from the Officer-in-Charge, Manikpur P.S. and submits that no case has been registered against the present applicant with the Manikpur P.S.

¶6Since no case has been registered against the present applicant, there is no apprehension of arrest and as such, this application becomes infructuous and accordingly, the same stands closed. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/2 GAHC010042672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/599/2024 YOUSUF ALI S/O LATE YAKUB ALI, R/O VILL- KAWADI NO. 2, P.O.-SONAIKOLA, P.S.- MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN CODE-783391 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN