Gauhati High Court
Tajuddin vs The State Of Assam And 2 Ors on 5 December, 2022
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GAHC010217692022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6912/2022
TAJUDDIN
S/O- LATE JAHUR UDDIN,
VILL- MOURIPAM,
P.O.- MANDIA,
P.S.- BAGHBOR,
DIST.- BARPETA, ASSAM,
PIN- 781319.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
HOME DEPARTMENT, DISPUR,
GUWAHATI-6.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE
P.O. AND P.S.- ULUBARI
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
PIN- 781007.
3:THE SUPERINTENDENT OF POLICE
BARPETA
P.O.
P.S. AND DIST.- BARPETA
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ASSAM
PIN- 781301
Advocate for the Petitioner : MR J ISLAM
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 05.12.2022
Heard Mr. J.Islam, learned counsel for the petitioner and Mr. M. Chetia,
learned Govt. Advocate appearing for the respondents.
2. The case projected by the petitioner is that on 03.06.2012, the police had
intercepted a car on finding the behavior of the occupants of the vehicle
suspicious and on the vehicle being searched, one blood stained shirt was found
in the car and in the course of the interrogation, one of the occupants had
confessed that the vehicle was stolen after murdering the driver and thereafter
his body was thrown out in an open field. The son of the petitioner was one of
the suspects and while he being taken to the site of crime, he wanted to urinate
and the police personnel had freed one of his hands from handcuff to enable
him to urinate. At that moment, the son of the petitioner gave a strong jerk and
the police personnel fell down and son of the petitioner had snatched the
service pistol of the police personnel and started to run and as a result the other
police personnel standing nearby had to open fire on the son of the petitioner
who died on the spot. Accordingly, an FIR dated 04.06.2012 was lodged and
registered as Barpeta PS Case No.739/2012 under Sections
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382/302/120(B)/224/34 of the IPC. On death of the son of the petitioner, he
filed a complaint case before the Court of learned Chief Judicial Magistrate,
Barpeta which was registered as CR Case No.528/2012 under Section 302, IPC.
The concerned police personnel, who was accused of murdering the son of the
petitioner, had moved this Court by filing a Criminal Petition under Section 482
Cr.PC, which was registered as Criminal Petition No.607/2016. This Court by
judgment dated 26.03.2021, had quashed the Criminal proceedings of CR Case
No.528/2012 as well as order dated 01.09.2015 passed by the learned Chief
Judicial Magistrate, Barpeta taking cognizance of the offence. However, as the
criminal petition was allowed on the ground of lack of sanction, this Court had
granted liberty to the petitioner to apply for sanction from the competent
authorities.
3. Accordingly, by filing this writ petition under Article 226 of the Constitution
of India, the petitioner has raised his grievance that the petitioner has not been
informed about the status of his application for sanction to prosecute the police
personnel.
4. Issue notice returnable on 04.01.2023.
5. The requisite extra copies of the writ petition be served on the learned
Govt. Advocate so as to enable him to file affidavit-in-opposition in the matter.
6. The learned Govt. Advocate has submitted that he has received para-wise
comments and prays for 2(two) weeks time to file affidavit-in-opposition in the
matter.
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Prayer is allowed.
7. List on 04.01.2023.
JUDGE
Comparing Assistant
