Dismissed

Joshna Narzary v. the State of Assam and 4 Ors.

Gauhati HC6 Sept 2019WP(C)/3415/2019

Case brief

AI extract

What is this about?

This order disposed of a writ petition filed by the petitioner as the daughter-in-law of an arrestee alleging brutal torture after arrest. The court examined medical records which did not support allegations of insertion of a stick or external injuries, finding no case for the granted relief.

What did the court decide?

The writ petition stands disposed of as no case is made out for grant of relief.

Joshna Narzary Vs the State of Assam and 4 Ors. — Criminal Trial and Appeal | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010106042019

¶3

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

¶4

Case No. : WP(C) 3415/2019

¶5

1:JOSHNA NARZARY

¶6

W/O SRI PRADIP NARZARY, R/O VILL. BENGTOL, P.O. BENGTOL, P.S. RUNIKHATA, DIST.-KAMRUP (M), ASSAM

¶7

VERSUS

¶8

1:THE STATE OF ASSAM AND 4 ORS.

¶9

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF HOME, GUWAHATI-6

¶10

2:THE DIRECTOR GENERAL OF POLICE O/O THE DIRECTORATE GENERAL ASSAM POLICE ULUBARI GUWAHATI ASSAM

¶11

3:THE SUPERINTENDENT OF POLICE DIST.-CHIRANG ASSAM PIN-783390

¶12

4:THE OFFICER-IN-CHARGE AMGURI POLICE STATION DIST.-CHIRANG (BTAD) ASSAM

¶13

5:ABDUL HAI MAZUMDER INVESTIGATING OFFICER OF AMGURI P.S. CASE NO. 14/2019 IN-CHARGE OF NANGAL BHANGA P.P. UNDER AMGURI POLICE STATION DIST.-CHIRANG

¶14

Page No.# 2/3

¶15

ASSAM PIN-78339

¶16

Advocate for the Petitioner : MR. M BISWAS

¶17

Advocate for the Respondent : GA, ASSAM

¶18

BEFORE

¶19

HONOURABLE THE CHIEF JUSTICE (ACTING) HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶20

ORDER

¶21

Date : 06-09-2019

¶22

[A.K. Goswami, CJ (Acting)]

¶23

Heard Mr. B.J. Mukherjee, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned senior counsel, appearing for the State respondents.

¶24

One Budhichan Narzary had lodged an ejahar against one Isan Narzary @ Eshan Narzary, which resulted in registration of Amguri Police Station Case No.14/2019 under Section 376(AB) IPC read with Section 6 of the Protection of Children from Sexual Offences Act, 2002 (POCSO Act). Subsequently, Sections 155/201/212/506 IPC were also added.

¶25

The petitioner in the petition is the daughter-in-law of said Isan Narzary @ Eshan Narzary. The allegation made in the present application is that the husband of the petitioner was taken into custody and was brutally tortured on 10.05.2019.

¶26

By an order dated 19.07.2019, we requested Mr. Saikia to produce the medical records relating to the husband of the petitioner. The same was subsequently produced and since certain aspects were not very clear, by an order dated 27.08.2019, the Superintendent of J.S.B. Civil Hospital was directed to be personally present today.

¶27

Pursuant to the aforesaid order, Dr. Manoj Kumar Das, the Superintendent of J.S.B. Civil Hospital, Kajalgaon, Chirang is personally present today before this Court.

¶28

The inspection memo dated 10.05.2019 bears the signature of the Medical & Health Officer, Bhetagaon Community Health Centre, where it was recorded that “no

¶29

Page No.# 3/3

¶30

external injury seen” against serial No.4, which reads as “wounds at the time of medical examination”. The signature of the arrestee Prodip Narzary also appears therein.

¶31

In the prescription dated 11.05.2019, chief complaint is noted as “pain abdomen” but before that two words had been scored off. Dr. Das submits that the words are “bleeding micturition”. According to him, they mean bleeding while passing urine. In the prescription dated 12.05.2019, chief complaint is noted as “regurgitation” and “burning sensation”. Dr. Das has submitted that the prescriptions unmistakably demonstrate that medicines/injections were prescribed for gastritis.

¶32

In the petition, with regard to the brutal torture, it is stated in Paragraph 8 that an attempt was made to insert a stick through the rectum of the husband of the petitioner. No other allegations are attributed.

¶33

In the bail application filed by the husband of the petitioner, which was registered and numbered as Bail Application No.1207/2019, it is stated that there was an attempt to insert a stick. No other allegation of committing any torture is indicated in the bail application. Medical records do not support the contention of the petitioner.

¶34

Considering the matter in its entirety, we are of the opinion that no case is made out for grant of relief as prayed for in the writ petition and the writ petition, accordingly, stands disposed of.

¶35

JUDGE Chief Justice (Acting)

¶36

M. Sharma

¶37

Comparing Assistant

Joshna Narzary v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Joshna Narzary v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Raghunath Prasad and Anr. Vs the Union of India and 13 Ors.

Union of India and 5 Ors. Vs Jayanta Dey and 7 Ors.

Ibrahim Khan and Anr. Vs the State of Assam and 2 Ors.

Sri Luish Aind Vs Mrs. Susana Bara

Mazibar Rahman Vs Nazrul Hussain and 6 Ors.

The Commissioner of Central Goods and Service Tax and Central Excise Vs M/S Srd Nutrients Private Limited