Petitioner sought direction to expedite investigation regarding his son's kidnapping case. With no representation from petitioner and instructions confirming charge-sheet submission and trial initiation, the petition was closed and disposed of.
The writ petition was closed and disposed of.
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Page No. 1/2
GAHC010007072014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1368/2014
1:CHHATULAL SAH
S/O SRI MEGHNATH SAH, R/O SARDAR PATTY, P.S. DIPHU, DIPHU TOWN, DIST- KARBI ANGLONG
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-6
3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-7
4:THE DY. COMMISSIONER KARBI ANGLONG DIPHU KARBI ANGLONG ASSAM
5:THE SUPERINTENDENT OF POLICE KARBI ANGLONG DIPHU KARBI ANGLONG ASSAM
6:THE OFFICER IN CHARGE DIPHU POLICE STATION DIPHU KARBI ANGLONG ASSAM
Page No. 2/2
Advocate for the Petitioner : MR.A I KATHAR
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER
Date : 04-09-2019
On call none appears for the petitioner.
Mr. N Goswami, learned Government Advocate is present on behalf of the State.
The petitioner filed this writ petition seeking for the relief for a direction to expedite the investigation of the police case on the basis of the FIR lodged after his son was kidnapped. On 01.08.2012 the petitioner lodged the complaint and on that basis Diphu PS Case No. 108/2012 under Section 364(A) of the IPC was registered. As per the contention of the petitioner the police delayed in completion of the investigation and as such the petitioner filed this petition.
As per order dated 26.07.2019 Ms. K Phukan, learned Govt. Advocate produced the necessary instruction dated 05.07.2019 sent by the Superintendent of Police, Karbi Anglong District indicating that during investigation 6 (six) persons were arrested in connection with Diphu PS Case No. 108/2012 under Section 364(A) IPC and after completion of the investigation, charge-sheet bearing number Diphu PS C/S No. 55/2017 dated 28.07.2017 was submitted and thereafter the trial was initiated at Diphu Court. There was no representation on 26.07.2019 on behalf of the petitioner on call. Today also none is present on behalf of the petitioner.
Considering the same, the relief sought for by the petitioner and the action taken by the police, this writ petition is closed and disposed of. Keeping in view the status of Diphu PS Case No. 108/2012 as per the instructions dated 05.07.2019.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition should be disposed of on account of the completion of investigation and initiation of trial without a response from the petitioner.
CHHATULAL SAH
THE STATE OF ASSAM
PRASANTA KUMAR DEKA
As recorded by the court registry
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