Pritom Saikia vs Manoj Kr. Upadhayay And 6 Ors
2023 Latest Caselaw 661 Gua

                                                                  Page No.# 1/3

GAHC010023772023




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

                         Case No. : Review.Pet./23/2023

         PRITOM SAIKIA
         S/O LATE GANGADHAR SAIKIA,
         RESIDENT OF FLAT NO. 07, 403, GAME VILLAGE, BASISTHA, GUWAHATI ,
         DIST KAMRUP M ASSAM


         VERSUS

         MANOJ KR. UPADHAYAY AND 6 ORS.
         S/O LATE RAMESHWAR UPADHAYAY, RESIDENT OF B.K KAKATI ROAD,
         SARABBHATI, GUWAHATI , PS PALTAN BAZAR, DIST KAMRUP M ASSAM

         2:THE STATE OF ASSAM
          REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          HOME (A) DEPTT.
          DISPUR
          GUWAHATI
         ASSAM. PIN- 781006.

         3:DIRECTOR GENERAL OF POLICE
         ASSAM POLICE HEADQUARTER
          ULUBARI
          GUWAHATI 781007

         4:COMMISSIONER OF POLICE
          GUWAHATI
         ANANDA RAM BARUAH ROAD
          PAN BAZAR
          GUWAHATI-1
         ASSAM.

         5:DEPUTY COMMISSIONER OF POLICE (WEST)
          OFFICE OF THE DEPUTY COMMISSIONER OF POLICE (WEST)
          PARAG DAS ROAD
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              SADILAPUR
              JALUKBARI
              GUWAHATI- 781012.

             6:ASSISTANT COMMISSIONER OF POLICE
              (JALUKBARI)
              OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE (JALUKBARI)
              BHARALUMUKH
              GUWAHATI-9.

             7:OFFICER-IN-CHARGE

              BHARALUMUKH POLICE STATION
              BHARALUMUKH
              GUWAHATI-

Advocate for the Petitioner   : MR. S BORTHAKUR

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 21-02-2023 (M. Zothankhuma, J)

Heard Mr. S Borthakur, learned counsel for the review petitioner, who submits that the order dated 04.01.2023 passed in WP(C) No. 7301/2018 should be reviewed, in view of the judgment of the Apex Court in the case of Sudhir Bhaskarrao Tambe -vs- Hemant Yashwant Dhage & Ors ., reported in (2016) 6 SCC 227, which it has followed the judgment of the Apex Court in the case of Sakiri Vasu -vs- State of U.P., reported in (2008) 2 SCC 409. In the above 2 (two) cases, it has been held that if a person has a grievance that his FIR has not been registered by the Police Station, his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.PC or other Page No.# 3/3

Police Officer referred to in Section 36 Cr.PC. If despite approaching the Superintendent of Police or the Officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.PC instead of rushing to the High Court, by way of a writ petition or a petition under Section 482 Cr.PC. Further, he has a further remedy of filing a criminal complaint under Section 200 Cr.PC.

Issue notice, returnable in 4 (four) weeks.

Mr. D Nath, learned counsel accepts notice on behalf of respondent Nos. 2 to 7.

Petitioner to take steps for service of notice upon respondent No. 1 by registered post with A/D within 2 (two) days.

List the matter on 3rd April, 2023.

In the interim, the direction for registering an FIR given in the impugned order dated 04.01.2023 shall remain stayed till the next returnable date.

                                          JUDGE               JUDGE




Comparing Assistant