GIRISH CHANDRA KAKATI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application the petitioner Girish Chandra Kakoty complains against his arrest and detention and prays for quashing the FIR.

(2.) The petitioner was arrested on 1-12-90 by the army authority and on the very same day the army authority made him over to the officer in charge of the Sibsagar Police Station, and the civil police arrested him in connection with FIR case No. 423 of 1990 u/ Ss. 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, for short 'the TADA Act'. In the list of the accused in the FIR, serial No. 15 shows the name of the accused as "Mr. Kakoty". However, in the body of the report, it is stated: "Mr. Kakoty of Jayshree Gas Co.".

(3.) Mr. P. G. Barua, learned counsel for the petitioner has contended that the present petitioner whose name is Girisli Chandra Kakoty is not the person mentioned in the FIR and, therefore, the petitioner Girish Chandra Kakoty is to be released after quashing the FIR.