Dr. Kismat Ali vs The State Of Assam
2022 Latest Caselaw 1561 Gua

                                                                        Page No.# 1/2

GAHC010084052022




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

                                Case No. : I.A.(Crl.)/198/2022

            DR. KISMAT ALI
            S/O LATE HAZI IBRAHIM ALI, R/O LACHIT NAGAR, ULUBARI, UNDER
            PALTAN BAZAR POLICE STATION GUWAHATI-7, IN THE DIST. OF KAMRUP
            (M), ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM



Advocate for the Petitioner   : MR. B M CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

11.05.2022 (Suman Shyam, J) Heard Mr. B. M. Choudhury, learned counsel appearing for the

applicant. We have also heard Ms. S. Jahan, learned Addl. P.P., Assam

appearing for the State.

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By the judgment dated 26.04.2022 passed in Crl. Appeal No.91/2014 the

conviction of the applicant/appellant under Section 202 of the IPC and the jail

sentence awarded to him by the learned trial court, was affirmed by this Court

and the appellant was directed to surrender within 10 days so as to serve the

remainder of his jail sentence.

On 29.04.2022, this I.A. was filed with a prayer to extend the time allowed

to the applicant to surrender before the learned trial court on the ground that

he is proposing to prefer an appeal before the Hon'ble Supreme Court.

After hearing the submissions of learned counsel for the applicant as well

as the learned Addl. P.P., Assam and also on going through the materials

available on record, we are of the view that there is no prayer for correction of

any clerical or arithmetical error and therefore, the prayer made in the I.A.

would be expressly barred under Section 362 of the Cr.P.C. Therefore, this I.A.

cannot be entertained by this Court.

By granting liberty to the applicant to avail appropriate remedy as may

be permissible under the law, this application, therefore, stands closed.

                                          JUDGE                                  JUDGE




Comparing Assistant