Shahjahan Ali and Ors. Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

Shahjahan Ali and Ors. Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory application allowed to the extent indicated: liberty to hand-correct the statute name in the cause title and prayer portion of AB No. 502/2025 (substituting “the Lotteries (Regulation) Act, 1998” for “Lottery Registration Act, 1998”) with due initial of counsel; the order dated 03.03.2025 to be read as referring to Section 7(3) of the Lotteries (Regulation) Act, 1998; applicants to appear before the Investigating Officer on or before 17.03.2025; connected AB No. 502/2025 listed on 27.03.2025.

Issue for consideration

Whether the applicants may be permitted to correct the typographical error in the cause title and prayer portion of AB No. 502/2025, where “Lottery Registration Act, 1998” was wrongly typed in place of “the Lotteries (Regulation) Act, 1998”. +1 more

Court's answer

The applicants are allowed to correct the cause title and prayer portion of AB No. 502/2025 by substituting “the Lotteries (Regulation) Act, 1998” in place of “Lottery Registration Act, 1998”, by hand with due initial of Mr. A Roshid, learned counsel for the applicants.

Ratio / Principle

In the order dated 03.03.2025, wherever the words “Section 7(3) of the Lottery Registration Act, 1998” exist, the same shall be read as “Section 7(3) of the Lotteries (Regulation) Act, 1998”.

Key takeaways

As the order dated 03.03.2025 has been corrected by this order, the applicants are directed to appear before the concerned Investigating Officer of Lakhipur P.S. Case No. 11/2025 on or before 17.03.2025.ratio¶50
This order shall be read together with the order dated 03.03.2025 passed in the connected AB No. 502/2025.ratio¶51
The connected AB No. 502/2025 is listed on 27.03.2025 for production of the up-to-date case diary pertaining to Lakhipur P.S. Case No. 11/2025.

Detailed headnote1 paragraphs

Gauhati High Court (Manash Ranjan Pathak, J.), order dated 10.03.2025 in I.A.(Crl.)/218/2025 — Correction of statutory misnomer in anticipatory bail papers. Shahjahan Ali and 5 others, applicants in connected pre-arrest bail application AB No. 502/2025 arising from Lakhipur P.S. Case No. 11/2025 (registered under Sections 61(2)/316(2) (5)/318(3)(4) of BNS, 2023 read with Section 7(3) of the Lotteries (Regulation) Act, 1998; G.R. No. 63/2025), had obtained interim bail by order dated 03.03.2025. The cause title and prayer portion of AB No. 502/2025, and the order dated 03.03.2025 itself, erroneously typed “Lottery Registration Act, 1998” instead of “the Lotteries (Regulation) Act, 1998”. Allowing the interlocutory application (to which the Additional Public Prosecutor raised no objection), the Court permitted the applicants to make the correction by hand with due initial of their counsel, directed that wherever “Section 7(3) of the Lottery Registration Act, 1998” occurs in the order dated 03.03.2025 it shall be read as “Section 7(3) of the Lotteries (Regulation) Act, 1998”, required the applicants to appear before the Investigating Officer on or before 17.03.2025, directed that this order be read together with the order dated 03.03.2025, and listed AB No. 502/2025 on 27.03.2025 for production of the up-to-date case diary.

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GAHC010050452025

2025:GAU-AS:2513

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

Case No. : I.A.(Crl.)/218/2025

SHAHJAHAN ALI AND ORS

S/O LT EYASUDDIN MUNCHI VILL LIKIRIPARA PS LAKHIMPUR DIST GOALPARA ASSAM PIN 783129

2: ABDUR ROSHID S/O- SABDER ALI.

VILL- JURIGAON. P.S.- LAKHIPUR. DIST.- GOALPARA (ASSAM) PIN- 783120

3: PILAR SANGMA

S/O- LIPTHON MARAK VILL- KHASI KHAGRA P.S - KRISHNAI. DIST.- GOALPARA (ASSAM

4: SANJIT SANGMA S/O- LAIBICHAN SANGMA VILL- HUDA KONA. P.S.- KRISHNAI DIST.- GOALPARA (ASSAM). PIN- 783130.

5: SAIFUL ISLAM

S/O- MAJIBOR RAHMAN. VILL- AULATOLI. P.S.- LAKHIPUR DIST.- GOALPARA (ASSAM). PIN- 783129

6: MEDHNACH SHIVAM (MINOR)

S/O- NABAJYOTINATH. REPRESENTED BY HIS FATHER NABAJYOTI NATH. VILL- BAGUAN NARANGABARI P.S.- BAGUAN. DIST.- GOALPARA (ASSAM). PIN- 78312

VERSUS

THE STATE OF ASSAM REP BY THE PP ASSAM

Advocate for the Petitioner : TASNINA BEGUM, MR. A ROSHID,MS. T BEGUM

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Advocate for the Respondent : PP, ASSAM,

Linked Case : AB/502/2025

SHAHJAHAN ALI AND 5 ORS. S/O- LATE EYASUDDIN MUNCHI VILL- LIKIRIPARA. P.S - LAKHIPUR DIST - GOALPARA (ASSAM)

PIN-783129.

2: ABDUR ROSHID S/O- SABDER ALI. VILL- JURIGAON. P.S.- LAKHIPUR. DIST.- GOALPARA (ASSAM) PIN- 783120

3: PILAR SANGMA

S/O- LIPTHON MARAK VILL- KHASI KHAGRA P.S - KRISHNAI. DIST.- GOALPARA (ASSAM

4: SANJIT SANGMA S/O- LAIBICHAN SANGMA VILL- HUDA KONA. P.S.- KRISHNAI DIST.- GOALPARA (ASSAM). PIN- 783130.

5: SAIFUL ISLAM

S/O- MAJIBOR RAHMAN. VILL- AULATOLI. P.S.- LAKHIPUR DIST.- GOALPARA (ASSAM). PIN- 783129

6: MEDHNACH SHIVAM (MINOR)

S/O- NABAJYOTINATH. REPRESENTED BY HIS FATHER NABAJYOTI NATH. VILL- BAGUAN NARANGABARI P.S.- BAGUAN. DIST.- GOALPARA (ASSAM). PIN- 783129 VERSUS

THE STATE OF ASSAM REP BY THE PP ASSAM

-----------Advocate for : MR. P PATHAK

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Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE

HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

10.03.2025

Heard Mr. A Roshid, learned counsel for the applicants and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.

2. Mr. A Roshid, learned counsel for the applicants submitted that apprehending their arrest in Lakhipur Police Station Case No. 11/2025 registered under Sections 61(2)/316(2) (5)/318(3)(4) of BNS, 2023 read with Section 7(3) of the Lotteries (Regulation) Act, 1998, corresponding to G.R. No. 63/2025, the applicants preferred the connected pre-arrest bail application, being AB No. 502/2025 on 25.02.2025.

3. The Court by order dated 03.03.2025 granted interim bail to the applicants in said Lakhipur P.S. Case No. 11/2025, fixing the matter on 21.03.2025 for production of the up-todate case diary.

4. Mr. Roshid, learned counsel for the applicants submitted that inadvertently in the cause title and prayer portion of said AB No. 502/2025, instead of “the Lotteries (Regulation) Act, 1998” it was wrongly typed as “Lottery Registration Act, 1998”. Even in the order dated 03.03.2025 passed in the connected AB No. 502/2025, it has been wrongly mentioned as “Lottery Registration Act, 1998”.

5. As such, by this interlocutory application, the applicants have prayed for correction of said Lottery Registration Act, 1998 as typed in the cause title and prayer portion of said AB No. 502/2025 as well as in the order dated 03.03.2025 as “the Lotteries (Regulation) Act, 1998” in place of “Lottery Registration Act, 1998”, to which Mr. B Sharma, learned APP, Assam has no objection.

6. Applicants are accordingly allowed to correct the cause title and prayer portion of said AB No. 502/2025 by substituting the “ the Lotteries (Regulation) Act, 1998” in place of “Lottery

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Registration Act, 1998” by hand with due initial of Mr. A Roshid, learned counsel for the applicants.

7. Further, it is made clear that in the order dated 03.03.2025, wherever the word “Section 7(3) of the Lottery Registration Act, 1998” exists, the same shall be read as “Section 7(3) of the Lotteries (Regulation) Act, 1998”.

8. As the order dated 03.03.2025 passed in AB No. 502/2025 has been corrected by this order today, the applicants are now directed to appear before the concerned Investigating Officer of said Lakhipur P.S. Case No. 11/2025 on or before 17.03.2025 .

9. This order shall be read together with the order dated 03.03.2025 passed in the connected AB No. 502/2025.

10. List the connected AB No. 502/2025 on 27.03.2025, for production of the up-to-date case diary pertaining to Lakhipur P.S. Case No. 11/2025.

11. With the above observation and direction, this interlocutory application stands allowed to the extent above.

JUDGE

Comparing Assistant