Dismissed

Janamohan Mushahary v. the State of Assam and 4 Ors.

Gauhati HC10 Mar 2021WP(C)/1193/2021

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the writ petition after receiving instructions from the investigating officer. The court directed police officials not to take measures beyond the scope of prevailing law while noting the petitioner's obligation to cooperate.

What did the court decide?

Direction to concerned police officials not to take any measures beyond the scope of the prevailing law.

Janamohan Mushahary Vs the State of Assam and 4 Ors. — Criminal Trial and Appeal | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010030412021

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

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Case No. : WP(C)/1193/2021

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JANAMOHAN MUSHAHARY

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S/O NAJENDRA MUSHAHARY, R/O VILL. SUNDEMPURI, KOKRAJHAR, WARD NO. 4, P.O. AND P.S. KOKRAJHAR, ASSAM, PIN 783370

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM., HOME DEPTT., DISPUR, GUWAHATI 781006, ASSAM.

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2:THE SUPERINTENDENT OF POLICE

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DIST. KOKRAJHAR KOKRAJHAR ASSAM.

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3:THE OFFICER IN CHARGE

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GOSSAIGAON POLICE STATION GOSSAIGAON DIST. KOKRAJHAR ASSAM.

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4:THE OFFICER IN CHARGE

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KOKRAJHAR POLICE STATION KOKRAJHAR DIST. KOKRAJHAR ASSAM.

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5:S.I. MITHUN TAYE

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Page No.# 2/3

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I/C SORAIBIL BOP INVESTIGATION OFFICER OF GOSSAIGAON P.S. CASE NO. 51/21 C/O OFFICER IN CHARGE GOSSAIGAON POLICE STATION GOSSAIGAON POLICE STATION DIST. KOKRAJHAR ASSAM

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Advocate for the Petitioner : MR. B D KONWAR SR. ADV.

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

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order

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10.03.2021

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Heard Mr. BD Konwar, learned Senior counsel assisted by Mr. H Agarwal, learned counsel for the petitioner. Ms. K Phukan, learned State counsel has received the instruction from the concerned I/O of Gossaigaon PS. The relevant instruction is extracted hereinbelow:

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“During the course of investigation of the case accordingly to the arrested accused persons it has come that, in creating a new terrorist group and also on a basis information we got to know that the arrested accused persons have been formerly supported BPF Party. And accordingly to them BPF Members namely Jana Mahan Basumatary, Ex. MLA Hitesh Basumatary, Deepak Narzary of Kachugaon, Rahim Narzary of Kachugaon and Moheswar Basumatary of Boirali under Kachugao PS may be known about the creation of the new terrorist group and from the secret information it has come to know that some political members are financially helping B Batha (Ex NDFB(S) cadre) in arranging arms and ammunition for creating new terrorist group.”

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It is submitted by Mr. Konwar that the petitioner had already appeared before the concerned In-charge of Gossaigaon PS on 04.03.2021. In view of the same and taking in view the instruction obtained by Ms. Phukan in my considered opinion, this writ petition is hereby closed with a direction to the concerned police officials not to take any measures beyond the

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scope of the prevailing law. Needles to say the petitioner shall co-operate with the investigation in respect of the Gossaigaon PS case No. 51/21 under Section 120(B)/353/307 IPC R/w Section 25 (1-A) Arms Act, R/w Section E.S. Act added Section 16(b)/18/20 UA (P) Act. The instruction received by Ms. Phukan is kept on record.

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JUDGE

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Comparing Assistant

Janamohan Mushahary v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Janamohan Mushahary 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

Statutes considered

Parties & counsel

Coram

Case details

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