Page No.# 1/5 vs The State Of Assam And 2 Ors
2023 Latest Caselaw 970 Gua

                                                              Page No.# 1/5

GAHC010053422023




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

                          Case No. : W.P.(Crl.)/9/2023

         RADHA CHETIA AND 6 ORS
         S/O LATE RUDRESWAR CHETIA, R/O JOYRAM ROAD, JAGUN, ASSAM

         2: HAREN GOGOI
          S/O LATE JATINDRA NATH GOGOI
          R/O TIRAP GATE
          DIST-TINSUKIA
         ASSAM

         3: RAKESH JAISWAL
          S/O LATE PARSURAM JAISWAL
         TIRAP GATE
          DIST-TINSUKIA
         ASSAM

         4: ARUNAV PHUKAN
          S/O DILIP PHUKAN
          R/O 9TH MILE
          JAGUN
         TINSUKIA
         ASSAM

         5: PURNA BORAH
          S/O LATE DHANANJAY BORAH
          R/O JYOTI NAGAR
          DIGBOI
         ASSAM

         6: RAJU KHAN
          S/O LATE JAFFAR KHAN
          R/O R.G. ROAD
          DIGBOI
         ASSAM
                                                                      Page No.# 2/5

            7: ROBI KUMAR SINGH
             S/O LT. KUMAR SINGH
             R/O INDIAN COLONY
             MARGHERITA
             DIST-TINSUKIA
            ASSA

            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY SECRETARY TO THE GOVT. OF ASSAM, HOME AND
            POLITICAL DEPARTMENT, ASSAM SECRETARIAT, CM BLOCK, SECOND
            FLOOR, DISPUR, GUWAHATI-781006, ASSAM

            2:THE SUPERINTENDENT OF POLICE
            TINSUKIA
             OFFICE OF THE SUPERINTENDENT OF POLICE
            TINSUKIA DISTRICT
             BORGURI-UKONIMURIA
             BORGURI BONGALI GAON
            TINSUKIA-786192
            ASSAM

            3:THE OFFICER-IN-CHARGE
             MARGHERITA POLICE STATION
            THANA ROAD
             MARGERITA
            ASSAM-78618

Advocate for the Petitioner   : MR. PRAN BORA

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

13.03.2023

Heard Mr. P. Bora and Mr. A.M. Bora, learned Sr. Counsel for petitioners as well as Mr. D. Nath, learned Government Advocate for the State respondents.

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This petition under Article 226 of the Constitution of India has been filed for issuance of writ in the nature of mandamus directing the respondents not to take any coercive steps against the petitioners pursuant to the FIR being registered as Margherita P.S. Case No. 61/2023 under Section 120B of the IPC read with Section 17 of the Unlawful Activities (Prevention) Act, 1967 (for short 'UA(P) Act') etc.

Mr. P. Bora, learned Sr. Counsel appearing for the petitioners, submits that the instant Writ Petition (Crl.) is filed in view of the bar contained in Section 43D(4) of the UA(P) Act in granting pre-arrest bail to any person accused of any offence under the said Act and as such, urgent relief has been sought as per the mandate of the Hon'ble Supreme Court of India. Mr. Bora has relevantly cited the following judgments of the Apex Court-

1) Arnab Manoranjan Goswami Vs. State of Maharashtra and Ors., reported in (2021) 2 SCC 427;

2) Dr. Subhash kashinath Mahajan Vs. State of Maharashtra and Anr., reported in (2018) 6 SCC 454; and

3) Hema Mishra Vs. State of UP and Ors., reported in (2014) 4 SCC

453.

Mr. Bora submits that in the year 2018-2019, the Managers of the petitioners No. 1, 2, 3 and 6 of the stone queries were abducted by some unknown miscreants of a banned militant organization and also, the petitioner No. 4 was himself abducted. Mr. Bora further submits that when they approached the Officer-in-Charge of Margherita Police Station and the Page No.# 4/5

Superintendent of Police, Tinsukia, for lodging FIR, they themselves advised the petitioners to negotiate with the members of the militant outfit without initiating any legal action. However, belatedly one S.I. (P), Bhabesh Roy of Ledo Police Outpost filed an FIR on 25.02.2023 whereupon Margherita P.S. Case No. 61/2023 is registered falsely accusing them of funding the militant organizations to promote them and to procure arms, ammunitions, establishment of camps etc.

Mr. A.M. Bora, learned Sr. Counsel, submits that the petitioners are absolutely innocent and the case has been registered to put them under unwarranted pressure by explaining the facts of the case.

Mr. D. Nath, learned Government Advocate appearing for the State respondents submits that in connection with the case the police have recovered some documentary evidence which implicate the petitioners with the alleged offences. However, Mr. Nath seeks some time to file response after obtaining instructions from the authorities concerned.

Upon hearing the learned counsel of both the sides and taking note of the mandate of the Hon'ble Supreme Court in the above noted judgments in regard to jurisdiction of this Court to entertain the instant writ petition when the anticipatory bail application is barred, it is provided that the respondents shall file their affidavit-in-opposition within 10 (ten) days from today on the petition.

It is also felt necessary to take the aid of the case diary while deciding the instant writ petition and accordingly, it is provided that a scanned copy of the updated case diary shall be produced by the investigating officer/officer-in-

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charge, Margherita P.S., Tinsukia.

Till the scanned copy of the case diary is received and the affidavit-in- opposition is filed it is provided in the interim that no coercive action shall be initiated against the petitioners.

List on 23.03.2023.

JUDGE

Comparing Assistant