Page No.# 1/4 vs The State Of Assam And 5 Ors
2022 Latest Caselaw 2073 Gua

                                                                  Page No.# 1/4

GAHC010114632022




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

                          Case No. : WP(C)/3900/2022

         SWAPAN KUMAR DAS AND 2 ORS.
         S/O- LATE NARAYAN DAS,
         HOUSE NO- 35, RAMKRISHMA PATH, SANI MANDIR GOLL, FATASIL
         AMBARI, P.S- FATASIL AMBARI, GUWAHATI-18, DIST- KAMRUP (M),
         ASSAM

         2: SHIV SANKAR DAS
          S/O- LATE NARAYAN DAS

         HOUSE NO- 35
         RAMKRISHMA PATH
         SANI MANDIR GOLL
         FATASIL AMBARI
         P.S- FATASIL AMBARI
         GUWAHATI-18
         DIST- KAMRUP (M)
         ASSAM

         3: SREEKUMAR DAS
          S/O- SWAPAN KUMAR DAS

         HOUSE NO- 35
         RAMKRISHMA PATH
         SANI MANDIR GOLL
         FATASIL AMBARI
         P.S- FATASIL AMBARI
         GUWAHATI-18
         DIST- KAMRUP (M)
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
                                                        Page No.# 2/4

            HOME DEPARTMENT
            DISPUR, GUWAHATI-781006

            2:THE SUPERINTENDENT OF POLICE
             (CITY)
             KAMRUP (M)
             GUWAHATI-01
             DIST- KAMRUP (M)
            ASSAM

            3:FATASIL AMBARI POLICE STATION
             REP. BY THE OFFICER IN-CHARGE
             FATASIL AMBARI
             GUWAHATI-25

            4:THE OFFICER IN-CHARGE

             FATASIL AMBARI POLICE STATION
             FATASIL AMBARI
             GUWAHATI-25

            KAMRUP(M)
            ASSAM

            5:THE GUWAHATI MUNICIPAL CORPORATION
             KAMRUP (M)
             REP. BY THE COMMISSIONER

            DIST- KAMRUP (M)
            ASSAM

            6:TAPAN KR DAS
             S/O- LATE NARAYAN CH. DAS
            R/O- JONEPUR DISHAREE COMPLEX
             PALLADAHA

            P.O- KATAGANJ
             P.S- BIZPUR

            DIST- NORTH 24 PARGANA
            WEST BENGAL
            PIN-74125

Advocate for the Petitioner   : MR. P K ROYCHOUDHURY

Advocate for the Respondent : GA, ASSAM
                                                                                     Page No.# 3/4




                                             BEFORE
                   HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                             ORDER

10-06-2022

Heard Mr. P. K. Roychoudhury, learned counsel for the petitioners and Ms. S. Sarma, learned Government Advocate, Assam for the respondent Nos. 1 to 4. Also heard Mr. S. Bora, learned Standing counsel, GMC for the respondent No.5.

Petitioner Nos. 1 and 2 are brothers, whereas the petitioner No.3 is the son of petitioner No.1.

With regard to land measuring 1 Katha 17.35 Lechas covered by Dag No. 757(new) of K.P. Patta No.1300 of Revenue village Fatashil (S.T.), Mouza - Beltola under Dispur Revenue Circle in the District of Kamrup (Metro) wherein the petitioners are constructing a house obtaining necessary approval from the authorities in the GMC/GMDA, a Title Suit being T. S. No. 71/2020 has been preferred by the respondent No.6, brother of the petitioner Nos. 1 and 2, which is presently pending before the Court of learned Civil Judge No.2, Kamrup(Metro) Guwahati where injunction order is in force.

Petitioners stated that since 31.05.2022, they are receiving phone calls from the Mobile No. 8638899468 from Fatasil Ambari Police Station asking them to appear before the said Police Station after 08:00 pm.

Though the petitioners through their advocate enquired into the matter in the P.I. Court to obtain copy of the relevant FIR registered against them, if any. But they came to know that as on date, there is no such FIR registered against them with regard to any criminal matter is pending before the P.I. Court at Guwahati.

It is also submitted by the petitioners that till date they have not received any notice under Section 41 A of the Code of Criminal Procedure regarding their personal appearance before any of the Investigating Officer relating to any police case registered against them.

As they are receiving frequent calls from the Fatasil Ambari Police Station from the said Page No.# 4/4

Mobile No. 8638899468 for their appearance before its police personnel after 08:00 pm in the said Police Station, apprehending their arrest/detention and against such harassment of police, petitioners have preferred this writ petition.

In this regard, Mr. Roychoudhury, learned counsel for the petitioner placed a copy of the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

Mr. Roychoudhury on instruction of the petitioners categorically stated before the Court that they are not against any investigation, wherein their co-operation is required, but they are apprehending that the police without registering a case, misusing their power and without issuing any proper notice under Section 41A of the CrPC directed them to appear before Fatasil Ambari Police Station, that too after 08:00 pm.

After hearing the learned counsels for the parties, this writ petition is disposed of directing the respondent Nos. 2, 3 and 4, namely, Superintendent of Police, (City), Kamrup (Metro) Guwahati, Fatasil Ambari Police Station as well as the Officer-in-Charge of Fatasil Ambari Police Station not to harass/threaten or to take any coercive action against the petitioners without following the due procedure of the Code of Criminal Procedure and the relevant Act and Rules in that regard.

JUDGE

Comparing Assistant