LAWS(GAU)-2020-8-36

SORAB ALI SK. Vs. STATE OF ASSAM

Decided On August 27, 2020
Sorab Ali Sk. Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. J. Kalita, learned counsel for the petitioner as well as Mr. R.J. Baruah, learned Additional Public Prosecutor who appears for the State of Assam.

(2.) The petitioner has filed this Anticipatory Bail petition seeking interim protection in connection with an FIR lodged by the informant on 14.07.2020 before the Officer-in-Charge Tamarhat Police Station. The said FIR was received and registered as Tamarhat Police Station case no. 165/2020 under Section 448/427/354/376/511 of the Indian Penal Code. The petitioner submits that he is the elected President of 70- Paglahat Gaon Panchayat constituency in the Panchayat Election which was held in 2018. It is the submission of the petitioner that because of political rivalry, the petitioner has been sought to be framed by allegations falsely made by the informant. The petitioner submits that he was elected an independent candidate and at the behest of political rivals, the informant has falsely implicated the petitioner by filing the FIR.

(3.) Mr. R.J. Baruah, learned Additional Public Prosecutor submits that the Case Diary has been received. However it is submitted that the notings in the Case Diary are till 19.7.2020. It is also seen from the order dated 29.07.2020 passed by this Hon'ble Court that the medical report was called for along with the Case Diary. The learned Additional Public Prosecutor submits that the medical report has not been received yet. Accordingly, it is directed that up-to- date Case Diary in connection with Tamarhat Police Station case no. 165/2020 under Section 448/427/354/376/511 of the Indian Penal Code be produced before this Court along with medical report of the informant if any, by the next date.