Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 4 Ors on 8 September, 2025
Page No.# 1/3
GAHC010212302024
2025:GAU-AS:12162
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5383/2024
LALJIT CHAUHAN
S/O SRI SUKLAL CHAUHAN, VILL- KHANGKHALABARI, UDALGURI, P.O.
AND P.S.-UDALGURI, DIST- UDALGURI, ASSAM, PIN-784509
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME AND
POLITICAL DEPARTMENT, GUWAHATI-781006
2:THE ADDL. DIRECTOR GENERAL OF POLICE -CUM- INSPECTOR
GENERAL OF PRISONS
ASSAM
KHANAPARA
GUWAHATI-781022
3:THE SUPERINTENDENT
CENTRAL JAIL
TEZPUR
ASSAM
PIN-784001
4:THE DISTRICT MAGISTRATE/ DISTRICT COMMISSIONER
UDALGURI DISTRICT
ASSAM
PIN-784509
5:THE SUPERINTENDENT OF POLICE
UDALGURI DISTRICT
ASSAM
PIN-78450
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Advocate for the Petitioner : MR B B NARZARY, R DEB,M. BORUAH,MR N ALAM,MR. P
MAZUMDER,MR. S CHAUHAN
Advocate for the Respondent : GA, ASSAM,
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
08.09.2025
1. Heard Mr. S Chauhan, learned counsel for the petitioner. Also heard Mr. D
Nath, learned Senior Govt. Advocate for the respondents.
2. The case of the petitioner is that the petitioner is undergoing sentence of
Rigorous Imprisonment for life pursuant to his conviction under Section 302 IPC by
a judgment and order dated 29.02.2008 passed in Sessions Case No. 39(D-
M)/2007 by the court of learned Sessions Judge, Darrang, Mangaldai. According to
the petitioner, he had completed 21 years 6 months in custody as on 31.01.2024.
In order to consider the remission of sentence by the competent authority, the
matter has been dealt by different authorities including the District Magistrate,
Udalguri. It is the case of the petitioner that though the report by other concerned
authorities have been submitted, the report from the District Magistrate, Udalguri
has not yet been submitted and as a result, the matter for consideration of
remission of sentence of life conviction of the petitioner has been delayed. In the
aforesaid background, a prayer is made for a direction to District Magistrate to
send proposal to the Inspector General of Prison and secondly to consider the case
of the petitioner for his release as he completed 21 years 6 months 8 days as on
31.01.2024.
3. Mr. D Nath, learned Senior Govt. Advocate has obtained instruction and
produced the minutes of meeting of the Review Board in connection with pre-
mature release on remission of life convicts held on 27.12.2024 at 4.30 pm in the
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Conference Hall of Home and Political Department.
4. The aforesaid report goes to show that under serial No. 26, the case of
the petitioner was duly considered and his case was rejected taking note of
heinous nature of the crime and that his pre-mature release is perceived to be a
threat to the society.
5. In view of the fact that decision has already been taken, Mr. Chauhan,
learned counsel for the petitioner submits that nothing survives to be adjudicated
in the present petition; though the learned counsel submits that petitioner was not
aware of such decision till now. Accordingly, he submits that the writ petition may
be closed as infructuous with a liberty to the petitioner to approach the appropriate
judicial forum including this court, assailing such decision not to grant remission to
the petitioner, if so advised.
6. Prayer stands allowed. Accordingly, the writ petition stands closed.
7. A copy of the minutes of the meeting is kept on record and a copy of
same also be furnished to Mr. Chauhan, learned counsel for the petitioner. Mr. Nath
submits that such decision shall also be duly intimated to the prisoner through the
Jail Superintendent.
JUDGE
Comparing Assistant
