Mahur Uddin v. The Union of India and 7 Ors

ORDER

03.10.2024 [K.R. Surana, J]

Heard Mr. S.A. Ahmed, learned counsel for the applicant/petitioner. Also heard Ms. J. Sarma, learned CGC, Mr. G. Sarma, learned Standing Counsel, F.T., Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Baruah, learned Standing Counsel, ECI, and Mr. R. Talukdar, learned Government Advocate, Assam. 2] The present application has been filed for making certain correction in the order dated 28.08.2024 passed in WP(C) No.4268/2024 which is pending before this Court. Page No.# 3/3 3] It has been submitted that when the proceeding was initiated, it was under the jurisdiction of Bajali district. However, subsequently after bifurcation of Bajali district from Barpeta district, the place where the applicant/petitioner stays now falls under the Barpeta district and accordingly, it comes under the jurisdiction of Superintendent of Police (Border), Barpeta. 4] In that view of the matter, it has been submitted that the applicant/petitioner may be permitted to appear before the Superintendent of Police (B), Barpeta to avail his bail. 5] The application, not being objected to, is allowed. 6] As a natural consequence, the earlier direction issued by this Court on

28.08.2024 in WP(C) No.4268/2024 directing the applicant/petitioner to appear before the Superintendent of Police (B), Bajali will stand modified by directing the applicant/petitioner to appear before the Superintend of Police (B), Barpeta on or before 14.10.2024. However, the terms and conditions of bail as directed by this Court earlier on 28.08.2024 in WP(C) No.4268/2024 will remain same. 7] With the above observations and directions, the present application stands allowed and disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010195102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2947/2024o MAHURoUDDINo S/O-oLT.oHASENoALI,o R/O-oVILLAGE-oITARBHITA,o P.O.oANDoP.S.-oHOWLY,o DISTRICT-oBARPETA,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVERNMENToOFo INDIA,oNEWoDELHI-01. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-01. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoGOVERNMENToOFoASSAM o HOMEoDEPARTMENT oDISPUR oGUWAHATI-o06. 4:THEoASSAMoSTATEoCO-ORDINATORoOFoNRC oBHANGAGARH oGUWAHATI-05. 5:THEoDEPUTYoCOMMISSIONER oBARPETA oDISTRICT-oBARPETA oASSAM oPIN-o781301. Page No.# 2/3 6:THE SUPERINTENDENT OF POLICE (B) BARPETA DISTRICT- BARPETA ASSAM PIN- 781301. 7:THE DEPUTY COMMISSIONER BAJALI DISTRICT- BAJALI ASSAM PIN- 781325. 8:THE SUPERINTENDENT OF POLICE(B) BAJALI DISTRICT- BAJALI ASSAM PIN- 781325 Advocate for the Petitioner : MR. S A AHMED, MR. F A AHMED,A. KHANAM,C S KAMTHONG Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA