Abdul Khalek vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1381 Gua

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GAHC010032292016




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

                           Case No. : WP(C)/7417/2016

         ABDUL KHALEK
         S/O. RAJAT ALI, R/O. JYOTINAGAR, NALBARI, P.S. NALBARI, DIST.
         NALBARI, ASSAM, PIN. 781335.



         VERSUS

         THE STATE OF ASSAM and 5 ORS.
         REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM,
         HOME DEPTT., DISPUR, GUWAHATI-781006.

         2:THE DIRECTOR GENERAL OF POLICE
         ASSAM.


         3:THE SUPERINTENDENT OF POLICE
          KAMRUP

          DIST. KAMRUP
          ASSAM.

         4:SRI PRANAB KUMAR PEGU

          SUB-DIVISIONAL POLICE OFFICER
          RANGIA
          DIST. KAMRUP
          ASSAM.

         5:SRI PRANAB KUMAR BORAH

          OFFICER-IN-CHARGE
          KAMALPUR POLICE STATION
          KAMALPUR
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              DIST. KAMRUP
              ASSAM.

              6:SRI CHANDRA KANTA KALITA

              SUB-INSPECTOR OF POLICE
              KAMALPUR POLICE STATION
              KAMRUP
              ASSAM

Advocate for the Petitioner      : MS.R SALOI

Advocate for the Respondent : MR.S N ADHYAPAKR-6




                                                 BEFORE
                     HON'BLE MR. JUSTICE MANASH RANJAN PATHAK


                                                 ORDER

27-04-2022

Heard Mr. T. Chishi, learned counsel appearing on behalf of Mr. B.D. Konwar, learned Senior counsel for the petitioner and Mr. B. Deuri, learned Government Advocate, Assam for the respondent Nos. 1 to 3. Also heard Mr. A. Chandan, learned counsel for the respondent No. 4 and Mr. P.P. Dutta, learned counsel for the respondent No. 5.

No representation on behalf of the respondent No. 6, inspite of reflecting the names of three counsels for the said respondent in the cause list.

The respondent Nos. 3 & 4 have filed their respective affidavits in the matter way back on 26.05.2017 and 22.04.2019 respectively, serving copies of the same on the counsel for the petitioner. However, the petitioner has not filed any reply to those two affidavits till date.

During the deliberation of the matter, Mr. Dutta, learned counsel for the respondent No. 5 placed a copy of the judgment and order dated 06.05.2019 passed by the Assam Human Rights Commission in AHRC Case No. 1813/18/16-17 with regard to physical injuries sustained by the petitioner while he was in police custody in connection with Kamalpur Police Station Case No. 109/2016 registered under Sections 379/411 IPC.

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Further, the respondent No. 4 in his affidavit filed on 22.04.2019 stated about the said AHRC Case No. 1813/18/16-17.

However, the petitioner suppressed the material facts in this writ petition with regard to said proceeding of the Assam Human Rights Commission wherein the concerned Commissioner on 06.05.2019 passed a judgment and order directing the State Government in the Home Department to initiate disciplinary proceeding against the charge officer of the case for appropriate punishment in accordance with law and also to pay compensation to the victim.

Mr. Dutta, learned counsel for the respondent No. 5 submits that disciplinary proceeding was initiated against the concerned police officer and that the period of punishment of that Police Officer is already over.

Since Mr. Chishi, is not the authorized counsel for the petitioner, this Court considered not to pass any order at this stage in this proceeding.

List this matter on 12.05.2022.

JUDGE

Comparing Assistant