Abul Kasem, v. The State of Assam and Anr

ORDER

01.08.2024

¶1Heard Ms. G. Borah, learned counsel for the applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, appearing for the State of Page No.# 2/3 Assam.

¶2This Interlocutory Application has been filed by the applicant praying for correction of the name of the accused petitioner in the cause-title of Anticipatory Bail Application No. 501/2024 as well as in the order dated

24.06.2024 passed by this Court in Anticipatory Bail Application No. 501/2024.

¶3The learned counsel for the applicant has submitted that the actual name of the petitioner is Abul Kasem and in support of her submission, she has submitted the Aadhaar Card as well as Pan Card of the petitioner, where the name of the petitioner has been shown as Abul Kasem.

¶4It is submitted that due to inadvertence and typographical mistake, the name of the petitioner was reflected as Abdul Kasem in Anticipatory Bail Application No. 501/2024 as well as in the order dated 24.06.2024 passed in said Anticipatory Bail Application.

¶5I have considered the submissions made by the learned counsel for the applicant as well as perused the materials on record, including the supporting documents filed by the petitioner, which shows that the name of the petitioner is Abul Kasem and not Abdul Kasem.

¶6As it appears that the said mistake was a bona fide typographical mistake, hence the prayer of the applicant is allowed and the name of the petitioner be corrected in the cause-title of Anticipatory Bail Application No. 501/2024 as Abul Kasem in place of Abdul Kasem and in order dated

24.06.2024, wherever, the name "Abdul Kasem" is appearing, it shall be read as "Abul Kasem."

¶7The learned counsel for the applicant has also submitted that in the order dated 24.06.2024, the petitioner was directed to appear before the Trial Court within 7(seven) days from the date of the said order. However, due to the Page No.# 3/3 discrepancy in the name, the said time has already lapsed and therefore, she prays for extension of the time.

¶8Considering the submissions made by the learned counsel for the applicant as well as considering the facts of this case, the petitioner is granted 15 (fifteen) more days from the date of this order to appear before the Trial Court in pursuant to the directions given by this Court by order dated

24.06.2024 in Anticipatory Bail Application No. 501/2024.

¶9The Registry to make necessary corrections in the records of the Courts regarding the name as directed hereinbefore.

¶10This application is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010144242024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/662/2024 ABUL KASEM, S/O ABDUL HAI R/O NO. 1 BHATIAKHALI P.S. LOWKHOWA, P.O. KATHPARA DIST. NAGAON VERSUS THE STATE OF ASSAM AND ANR REP BY HE PP ASSAM 2:NUR ISLAM S/O ABDUL SALAM VILL- 2 NO. ADABHETI P.S. SOOTEA DIST. BISWANAT Advocate for the Petitioner : GEETIMA BORAH, Advocate for the Respondent : PP, ASSAM, In AB Case No. 501/2024 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA