A writ petition challenging the investigation and charge-sheet filing in a criminal case before the trial court was disposed of. The court observed that since the petitioner had not approached the trial court, it was not proper to pass any order at this stage.
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GAHC010037462021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1414/2021
RINIMA BEGUM
D/O. MD SHAYED ALI, VILL. BONBARIA, MOUZA NAGAON, P.O. AND P.S. BARPETA, DIST. BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS THROUGH PUBLIC PROSECUTOR, ASSAM, GUWAHATI HIGH COURT, GUWAHATI-781001.
2:BAJRUL ALI
S/O. LT. KASHEM ALI VILL. BHELLA DURGAPUR MOUZA P.S. AND DIST. BARPETA ASSAM.
3:BAPDHAN ALI
S/O. LT. KASHEM ALI VILL. BHELLA DURGAPUR MOUZA P.S. AND DIST. BARPETA ASSAM.
4:HIBJUR ALI S/O. HABIB ALI VILL. BHELLA DURGAPUR MOUZA P.S. AND DIST. BARPETA ASSAM.
5:MONTU ALI S/O. HABIB ALI
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VILL. BHELLA DURGAPUR MOUZA P.S. AND DIST. BARPETA ASSAM.
6:MITHUN ALI
S/O. HABIB ALI VILL. BHELLA DURGAPUR MOUZA P.S. AND DIST. BARPETA ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA order
04.03.2021
Heard Mr. SC Biswas, learned counsel for the petitioner. Also present Ms. M Bhattacharjee, learned State counsel.
The petitioner is aggrieved with the manner of investigation and subsequent submission of the charge-sheet in Barpeta P.S. case No. 2562/2012 under Section 109/341/427/326/307/34 IPC. It is submitted by Mr. Biswas that the petitioner yet not moved the concerned trial court and raised about the discrepancies as such in my considered opinion it would not be proper to pass any order at this stage. However, the petitioner is at liberty to raise the issue before the concerned court if so advised.
With the said observation, this writ petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether an order should be passed on a writ petition challenging the investigation and charge-sheet before the trial court is approached.
What is the proper stage for raising discrepancies in the investigation process in a criminal case.
Rinima Begum
The State of Assam
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
