Petitioner challenged the failure of police to investigate a theft case under Section 448 IPC. Court held investigation findings showed the alleged shop did not exist as described and matter was civil, dismissing the writ petition.
Writ petition dismissed as no case was made out to monitor the investigation.
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GAHC010196222018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6133/2018
1:SRI ABHIJIT DAS
S/O- LT BISWAJIT DAS, R/O- RANGAPARA TOWN, WARD NO 3, P.O. AND P.S. RANGAPARA, MOUZA- BALIPARA, DIST- SONITPUR, ASSAM, 784505
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
THROUGH THE COMM. AND SECY., TO THE GOVT. OF ASSAM, HOME AND POLITICAL AFFAIRS DEPTT., DISPUR, GHY-6
2:THE DIRECTOR GENERAL OF POLICE ULUBARI, ASSAM GHY-7
3:THE DY. INSPECTOR GENERAL OF POLICE SONITPUR, P.O. TEZPUR DIST- SONITPUR ASSAM
4:THE SUPERINTENDENT OF POLICE SONITPUR, P.O. TEZPUR DIST- SONITPUR ASSAM, PIN- 784001
5:THE OFFICER-IN-CHARGE RANGAPARA POLICE STATION P.O. AND P.S. RANGAPARA DIST- SONITPUR, ASSAM, PIN- 78950
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 04-01-2019
Heard Ms. A. Bora, learned counsel for the petitioner and Ms. D. Das Barman, learned Govt. Advocate, Assam for the respondents.
By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to carry out proper investigation in respect of Rangapara PS Case No. 126/2018 registered under Sections 448/427/380 of the Indian Penal Code (IPC) by an independent and impartial investigating officer.
Case of the petitioner is that his wife Sarmistha Das had lodged a first information dated 14.07.2018 before the Officer-in-Charge, Rangapara Police Station stating that her husband Sri Abhijit Das i.e. the petitioner was suffering from mental disorder. He was the owner and possessor of the shop premises “Light House” situated at GNB Road, Rangapara town. The earning from the shop was the only source of income of the family. The shop was closed for about one year because of some dispute between the petitioner and one Sri Laxmi Narayan Parek but after Court order in favour of the petitioner informant went to the shop to open the same but found the shop to be in a broken condition with goods stored therein missing. She suspected Laxmi Narayan Parek and his son Shyam Parek to be involved in the commission of theft from the shop premises.
The first information was treated as FIR and on the basis of the same Rangapara PS Case No. 126/2018 under Sections 448/427/380 IPC was registered.
With the grievance that police authorities of Rangapara Police Station had not carried out proper investigation, present writ petition has been filed seeking the relief as indicated above.
This Court by order dated 07.09.2018 had directed the learned Govt. Advocate to apprise the Court about the status of investigation. On 24.09.2018, Mr. T. C. Chutia, learned Govt. Advocate had informed the Court that though investigation was carried out, Investigating Officer was of the opinion that the dispute raised in the first information was
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purely a civil dispute. However, this Court directed learned Govt. Advocate to submit status report.
Today, when the matter is called upon, Ms. D. Das Barman, learned Govt. Advocate has placed before the Court the status report submitted by the Superintendent of Police, Sonitpur at Tezpur. As per the status report dated 12.10.2018, the Investigating Officer had visited the place of occurrence but did not find existence of any shop called “Light House”. The shop was found situated on a plot of land which was purchased by Sri Laxmi Narayan Parek. As a matter of fact, Sri Parek had purchased the land alongwith the shop from the petitioner. Thereafter, the shop was renamed as “Rajesh Motors” by Sri Laxmi Narayan Parek in which condition the shop was functioning since last 1½ years. Following investigation, Investigating Officer found that Sri Laxmi Narayan Parek and Sri Shyam Parek had purchased land measuring 3 lechas covered by Dag No. 410 of Patta No. 4 from Sri Abhijit Das i.e. petitioner through sale deed dated 16.07.2014 which was thereafter executed in the Office of the Sub-Registrar, Tezpur on 30.10.2014. Following registration they took over possession of the said plot of land. Investigating officer had also verified the land record in the Office of the Circle Officer, Chariduar Revenue Circle.
In the course of investigation Investigating Officer has not found existence of any shop by the name of “Light House” as mentioned in the FIR. There is also no material to show theft of articles from a non-existent shop.
In the light of the above, Court is of the view that no case is made out by the petitioner to monitor investigation of Rangapara PS Case No. 126/2018.
Consequently, Court is not inclined to entertain the writ petition.
Writ petition is accordingly dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to a direction for proper investigation under Article 226 of the Constitution of India.
Abhijit Das
State of Assam
Director General of Police Ulubari
Dy. Inspector General of Police Sonitpur
Superintendent of Police Sonitpur
Officer-in-Charge Rangapara Police Station
Ujjal Bhuyan
As recorded by the court registry
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