Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 13 Ors on 9 May, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana, Malasri Nandi
Page No.# 1/7
GAHC010095652025
2025:GAU-AS:5784
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1448/2025
REETAM SINGH
S/O- SRI BALWANT SINGH, R/O- FLAT NO. 3 (B), PRAKASH ENCLAVE,
HARABALA ROAD, ULUBARI, GUWAHATI-781007, P.S. PALTANBAZAR,
DIST. KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 13 ORS
REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR,
GUWAHATI-781006, DISTRICT- KAMRUP (M), ASSAM
2:THE PRINCIPAL SECRETARY
HOME DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI
DISTRICT KAMRUP M
ASSAM
3:THE DIRECTOR GENERAL OF POLICE
ULUBARI
GUWAHATI
DISTRICT- KAMRUP (M)
ASSAM-781007.
4:HEMANTA KUMAR DAS
SUPERINTENDENT OF POLICE
MORIGAON
DISTRICT- MORIGAON
P.O. AND P.S. MORIGAON
ASSAM-782105.
Page No.# 2/7
5:THE OFFICER IN CHARGE
PANBAZAR POLICE STATION
PANBAZAR
GUWAHATI-781001
DISTRICT- KAMRUP M
ASSAM
6:THE OFFICER IN CHARGE
DISPUR POLICE STATION
DISPUR
GUWAHATI
DISTRICT KAMRUP M
ASSAM
7:THE OFFICER IN CHARGE
NORTH LAKHIMPUR POLICE STATION
LAKHIMPUR
ASSAM-787001
8:THE OFFICER IN CHARGE
MORIGAON POLICE STATION
MORIGAON
DISTRICT- MORIGAON
ASSAM-782105.
9:THE OFFICER IN CHARGE
JAGIROAD POLICE STATION
JAGIROAD
DISTRICT-MORIGAON
ASSAM-782410.
10:DIPAK KUMAR DAS
S/O- LATE RAMESWAR DAS
VILLAGE AND P.O. MANAH KUCHI
PS HAJO
DISTRICT KAMRUP
ASSAM-781104.
11:AIMEE BARUAH
W/O- SRI PIJUSH HAZARIKA
R/O- MINISTER COLONY
M-20
DISPUR
P.O. ASSAM SACHIVALAYA
P.S. DISPUR
GUWAHATI-781006
DISTRICT- KAMRUP (M)
ASSAM
Page No.# 3/7
12:RAAJASHREE SAIKIA
W/O- SRI MANAB DEKA
R/O- WARD NO. 14
LAKHIMPUR TOWN
NORTH LAKHIMPUR
PIN- 787031
ASSAM
13:DHANTI SARMA
S/O- SRI DHARMAKANTA SARMA
VILL.- BAGHARA
P.O. AND P.S. MORIGAON
DIST- MORIGAON
PIN-782105.
14:PIJUSH HAZARIKA
S/O- LATE SISHURAM HAZARIKA
R/O- AHATGURI
DHARAMTUL
MORIGAON
ASSAM
RESIDING AT M-20
DISPUR
P.O. AND P.S. ASSAM SACHIVALAYA
DIST.- KAMRUP(M)
ASSA
Advocate for the Petitioner : MS. M DEV,
Advocate for the Respondent : GA, ASSAM,
Linked Case : WP(C)/2155/2025
REETAM SINGH
S/O- SRI BALWANT SINGH
R/O- FLAT NO. 3 (B)
PRAKASH ENCLAVE
HARABALA ROAD
ULUBARI
GUWAHATI-781007
P.S. PALTANBAZAR
DIST. KAMRUP(M)
Page No.# 4/7
ASSAM
VERSUS
THE STATE OF ASSAM AND 13 ORS
REPRESENTED BY THE CHIEF SECRETARY
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
DISTRICT- KAMRUP (M)
ASSAM
2:THE PRINCIPAL SECRETARY
HOME DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI
DISTRICT KAMRUP M
ASSAM
3:THE DIRECTOR GENERAL OF POLICE
ULUBARI
GUWAHATI
DISTRICT- KAMRUP (M)
ASSAM-781007.
4:HEMANTA KUMAR DAS
SUPERINTENDENT OF POLICE
MORIGAON
DISTRICT- MORIGAON
P.O. AND P.S. MORIGAON
ASSAM-782105.
5:THE OFFICER IN CHARGE
PANBAZAR POLICE STATION
PANBAZAR
GUWAHATI-781001
DISTRICT- KAMRUP M
ASSAM
6:THE OFFICER IN CHARGE
DISPUR POLICE STATION
DISPUR
GUWAHATI
DISTRICT KAMRUP M
ASSAM
Page No.# 5/7
7:THE OFFICER IN CHARGE
NORTH LAKHIMPUR POLICE STATION
LAKHIMPUR
ASSAM-787001
8:THE OFFICER IN CHARGE
MORIGAON POLICE STATION
MORIGAON
DISTRICT- MORIGAON
ASSAM-782105.
9:THE OFFICER IN CHARGE
JAGIROAD POLICE STATION
JAGIROAD
DISTRICT-MORIGAON
ASSAM-782410.
10:DIPAK KUMAR DAS
S/O- LATE RAMESWAR DAS
VILLAGE AND P.O. MANAH KUCHI
PS HAJO
DISTRICT KAMRUP
ASSAM-781104.
11:AIMEE BARUAH
W/O- SRI PIJUSH HAZARIKA
R/O- MINISTER COLONY
M-20
DISPUR
P.O. ASSAM SACHIVALAYA
P.S. DISPUR
GUWAHATI-781006
DISTRICT- KAMRUP (M)
ASSAM
12:RAAJASHREE SAIKIA
W/O- SRI MANAB DEKA
R/O- WARD NO. 14
LAKHIMPUR TOWN
NORTH LAKHIMPUR
PIN- 787031
ASSAM
13:DHANTI SARMA
S/O- SRI DHARMAKANTA SARMA
VILL.- BAGHARA
P.O. AND P.S. MORIGAON
DIST- MORIGAON
Page No.# 6/7
PIN-782105.
14:PIJUSH HAZARIKA
S/O- LATE SISHURAM HAZARIKA
R/O- AHATGURI
DHARAMTUL
MORIGAON
ASSAM
RESIDING AT M-20
DISPUR
P.O. AND P.S. ASSAM SACHIVALAYA
DIST.- KAMRUP(M)
ASSAM
------------
Advocate for : MS. M DEV
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 13 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 09.05.2025
(K.R. Surana, J)
Heard Ms. M. Dev, learned counsel for the applicant. Also heard Mr. D.
Nath, learned Senior Govt. Advocate for the respondent nos.1, 2, 3 and 9.
2. By filing this interlocutory application, the applicant, who is the writ
petitioner in the connected WP(C) 2155/2025 has prayed for a direction upon
the respondent authorities not to take any coercive action against the applicant.
3. Considered the submissions of both the sides.
4. Without going into the merit of the case, we take note of the decision
of the Supreme Court of India in the case of Niharika Infrustructure Pvt. Ltd. v.
the State of Maharashtra & Ors., (2021) 0 Supreme (SC) 199 , where the
Page No.# 7/7
practice of Courts granting interim order to stay the investigation or directing
the investigating agency not to take coercive action against the accused has
been deprecated.
5. The said judgment was followed by another judgment of the Supreme
Court of India in the case of Directorate of Enforcement v. Niraj Tyagi & Ors.,
(2024) 0 Supreme (SC) 121.
6. Therefore, in the absence of reference to any particular criminal case,
the Court is disinclined to pass any blanket order against the police not to take
any coercive action against the applicant.
7. However, in the event the applicant apprehends arrest in any particular
case, this order shall not be a bar for the petitioner to approach the appropriate
Court or forum for such relief as he may be so advised.
8. With the aforesaid observation, this application stands closed.
JUDGE JUDGE
Comparing Assistant
