The court dismissed a petition for anticipatory bail under Section 438 CrPC as infructuous because the police had already submitted a closure report (F.R.).
The petition was dismissed as having been rendered infructuous due to the closure of the FIR by the police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010132182018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1889/2018
1:MOHAN BORUAH AND ANR.
S/O LATE KUSH RAM BORUAH, R/O VILLAGE GHARMARA GAON, MOUZA MACHKHOWA, PO DHENUKHANA, PS GHILAMARA, DIST LAKHIMPUR, ASSAM
2: ARUP BORUAH S/O LATE BHULANATH BORUAH R/O VILLAGE GHARMARA GAON MOUZA MACHKHOWA PO DHENUKHANA PS GHILAMARA DIST. LAKHIMPUR ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. N BORAH
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE MIR ALFAZ ALI
05-10-2018
By this application under Section 438 of the Code of Criminal Procedure, 1973, the petitioners, namely – (1) Sri Mohan Boruah and (2) Sri Arup Boruah, have prayed for pre-arrest bail apprehending their arrest in connection with Ghilamara Police Station
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Case No.64/2018 registered under Section 294/448/452/506/307/34 of the Indian Penal Code.
Heard Mr. N. Borah, learned counsel for the petitioners. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam for the State respondent.
It is submitted by the learned Additional Public Prosecutor, that police has already submitted F.R. (closure report) and, as such, this petition has become infructuous.
In view of the above, the petition is dismissed as having been rendered infructuous.
Sd/-
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petition for anticipatory bail under Section 438 CrPC should be allowed when the FIR is closed.
1 provisions across 1 enactments
Mohan Boruah and Anr.
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
