Dipak Chandra Shil vs The State Of Assam And 4 Ors
2022 Latest Caselaw 358 Gua

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GAHC010019502020




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

                            Case No. : WP(C)/646/2020

         DIPAK CHANDRA SHIL
         S/O. KANAILAL SIL, VILL. TAMARHAT, P.O. TAMARHAT, DIST. DHUBRI,
         ASSAM, PIN-783332.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE SECRETARY, DEPTT. OF HOME, ASSAM SECRETARIAT,
         GUWAHATI-781006, ASSAM.

         2:THE DIRECTOR GENERAL OF POLICE

          ASSAM POLICE
          GOVT. OF ASSAM
          ASSAM POLICE HEADQUARTER
          ULUBARI
          GUWAHATI
          PIN-781007
          ASSAM.

         3:THE SUPDT. OF POLICE

          ASSAM POLICE
          KOKRAJHAR
          DIST. KOKRAJHAR
          ASSAM
          PIN-783370.

         4:THE OFFICER IN CHARGE

          SERFANGURI POLICE STATION
          SERFANGURI
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             DIST. KOKRAJHAR
             ASSAM
             PIN-783346.

            5:SWMDWN HAJOWARY
            THE OFFICER IN CHARGE
             SERFANGURI POLICE STATION
             SERFANGURI
             DIST. KOKRAJHAR
            ASSAM
             PIN-783346

Advocate for the Petitioner    : MR. H DAS

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                             ORDER

Date : 03.02.2022

Because of the Pandemic situation of COVID-19, the Court proceedings are conducted through Video Conferencing.

None appears for the petitioner when the matter was called up.

Ms. S. Sarma, learned Government Advocate submits that Status Report in respect of the investigations connected to Serfanguri Police Station Case No. 41/2019 under Section 364 (A) of the Indian Penal Code has been received.

As per the status report, the investigation is under way and some persons connected to the case have been apprehended.

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Ms. S. Sarma, learned Government Advocate further questions the maintainability of the writ petition by referring to the Judgment of the Supreme Court reported in 2008 (2) SCC

409. She contends that there is a remedy available under the criminal procedure code for the petitioner under Section 156 as has been held in the Judgment rendered by the Apex Court. Therefore, on this ground, the petition is not maintainable and the petitioner be relegated to avail his remedy as available under the Criminal procedure code.

Although we have recorded the submissions, in view of the non- representation of the petitioner only for the ends of justice the matter is deferred for a week. On the next date, the question of maintainability of the writ petition will also be taken up. Meanwhile the Government may also file its response if so advised.

List this matter after 2 (two) weeks.

JUDGE

Comparing Assistant