Kamal Kishore Sen vs The State Of Assam And 5 Ors
2023 Latest Caselaw 3349 Gua

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GAHC010180672020




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

                         Case No. : WP(C)/5619/2020

         KAMAL KISHORE SEN
         S/O LATE KALIPADA SEN
         RESIDENT OF SHREENAGAR, GUWAHATI , BYE LANE 7. HOUSE NO. 4, PO
         AND PS DISPUR, 781005, KAMRUP M ASSAM

         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME AND
         POLITICAL DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI 781006

         2:DIRECTOR GENERAL OF POLICE
          ULUBARI
          GUWAHATI 781007

         3:COMMISSIONER OF POLICE
          GUWATI POLICE COMMISSIONERATE
          PANBAZAR
          GUWAHATI 781001

         4:DEPUTY COMMISSIONER OF POLICE (EAST)
          RP ROAD
          GANESHGURI
          GUWAHATI 6

         5:ASSISTANT COMMISSIONER OF POLICE
          EAST POLICE DISTRICT
          BASISTHA
          GUWAHATI 29

         6:THE OFFICER IN CHARGE
          HATIGAON POLICE STATION
          HATIGAON
          GUWAHATI 78103
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For the Petitioner(s)          : Mr. B. P. Sinha, Advocate

For the Respondent(s)          : Mr. B. J. Talukdar, Advocate




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 25.08.2023

1. The instant writ petition has been filed by the Petitioner being aggrieved by the investigation so carried out in respect to Hatigaon P.S. Case No.544/2020 registered under Section 417/468 of the Indian Penal Code.

2. Taking into account the judgment of the Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and Others reported in (2008) 2 SCC 409,

this Court is of the opinion that it would not be proper on the part of this Court to exercise jurisdiction under Article 226 of the Constitution that too when an adequate remedy is available to the Petitioner under Section 156(3) of the Code of Criminal Procedure, 1973.

3. In that view of the matter, the instant writ petition stands dismissed. However liberty is given to the Petitioner to approach the concerned Court in terms with Section 156(3) if the Petitioner continues to be aggrieved in the investigation so carried out in the above case i.e. Hatigaon P.S. Case No.544/2020.

JUDGE

Comparing Assistant