The Gauhati High Court disposed of an interim application on withdrawal by the applicant, granting liberty to file the matter afresh after rectification.
Withdrawal of I.A. permitted with liberty to file afresh.
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GAHC010266342022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/824/2022
REKIBUDDIN AHMED @ BHAITY ALI S/O LATE FAZAR ALI, R/O MAZENGA KATAKIBARI, P.S.- NAZIRA, DIST.- SIVASAGAR, ASSAM, PIN- 785685.
VERSUS
THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM.
2:RATAN KARMAKAR S/O LATE RAI MOHAN KARMAKAR
R/O MAZENGA KAKTAKIBARI
P.S.- NAZIRA
DIST.- SIVASAGAR ASSAM PIN- 785685
Advocate for the Petitioner : MR J DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
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ORDER
Date : 02-01-2023
Suman Shyam, J
Mr. J. Das, learned legal aid counsel appearing for the applicant in this case submits that there is some defect in this I.A. which calls for rectification and therefore, he be permitted to withdraw this I.A. with liberty to file afresh.
Ms. B. Bhuyan, learned Sr. counsel (Addl. P.P. Assam) assisted by Ms. M. Chakraborty, learned counsel for the opposite party/ State is present and does not have any objection if the prayer is allowed.
In view of the above, this I.A. stands disposed of on withdrawal with liberty as prayed for.
JUDGE JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether the applicant can withdraw the interim application on admission of defect and liberty to file afresh.
Rekibuddin Ahmed @ Bhaity Ali
The State of Assam
Ratan Karmaakar
Suman Shyam
Parthivjyoti Saiikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
