Disposed

Jeher Ali v. the State of Assam

Gauhati HC1 Dec 2023I.A.(Crl.)/1173/2023

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an application seeking correction of the cause title in Bail Application No. 4199/2023 to rectify a clerical mistake in the father's name and address of an applicant who remained detained while others were released.

What did the court decide?

Cause title of Bail Application No. 4199/2023 directed to be corrected regarding the father's name and address of petitioner No. 5.

Jeher Ali Vs the State of Assam — Civil Procedure and Limitation | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010272202023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/1173/2023

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JEHER ALI S/O AJAHAR ALI VILL- TOPAL PATHAR P.S. CHAYGAON DIST. KAMRUP, ASSAM

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VERSUS

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THE STATE OF ASSAM, REP. BY THE PP, ASSAM

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Advocate for the Petitioner : PP, ASSAM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 01.12.2023

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Heard Ms. L. Islam, learned counsel for the applicant.

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This interlocutory application has been filed by the applicants namely, 1. Suburuddin @ Sobur Uddin, 2. Roustam Ali, 3. Ajmal Bhuyan, 4. Abdul Halim, and 5. Jeher Ali, praying for correction of the cause title in Bail Application No.

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Page No.# 2/3

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4199/2023 in respect of father’s name and address of the petitioner no. 5, namely, Jeher Ali.

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Learned counsel for the applicant has submitted that due to inadvertent typographical error, the father’s name of the petitioner, namely, Jeher Ali and his address was wrongly typed in the cause title of the bail application due to inadvertent clerical mistake committed by the engaged counsel at the time of drafting of the petition. The same is required to be corrected by showing the name of the father of the petitioner no.5 in the said petition as Ajahar Ali and his corrected address as Vill-Topal Pathar, PS-Chaygaon, Dist-Kamrup, Assam.

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Learned counsel for the applicant has submitted that though, in pursuant to the order dated 29.11.2023 passed in Bail Application No. 4199/2023, other co-petitioners were released on bail, however, due to the inadvertent error in the name of the father as well as address of the Jeher Ali petitioner no. 5, the present petitioner is still detained behind the bar.

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Learned Additional Public Prosecutor raises no objection to the said prayer. As the petitioner no. 5, Jeher Ali, has also been directed to be released on bail by order dated 29.11.2023 passed in Bail Application No. 4199/2023, however, due to the error in the name of the father and the address of the petitioner no. 5 in the cause title of the bail application filed by the present petitioner, he is still detained behind the bar.

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As it appears that the said error has been caused due to negligence of the learned engaged counsel of the petitioner, the petitioner may not be allowed to suffer for the same and hence, the cause title of the Bail Application No. 4199/2023 is directed to be corrected by correcting the name of the father of petitioner no.5 as Ajahar Ali and address as Vill-Topal Pathar, PSChaygaon, Dist-Kamrup, Assam.

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Page No.# 3/3

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Registry is directed to make necessary correction in the cause title. This Interlocutory Application is accordingly disposed of.

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JUDGE

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Comparing Assistant

Jeher Ali v. the State of Assam

Case brief

What is this about?

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Jeher Ali v. the State of Assam

Case brief

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