The Gauhati High Court dismissed the writ petition as devoid of merit. The Court found the alleged FIR dated 05.02.2021 was not in police records and lacked legible signatures. The petitioner was advised to approach the Magistrate under Section 156(3) CrPC. No other relief was granted.
None; the writ petition was dismissed.
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Page No.# 1/3
GAHC010025472022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1274/2022
SUKUMAR PAUL
S/O- LATE PASUPATI PAUL, R/O- MURGIPATTY, P.O. AND P.S. AMINGAON, DIST.- KAMRUP, ASSAM, PIN- 781031.
VERSUS
THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF HOME, GOVT. OF ASSAM, DISPUR, GUWAHATI-781006.
2:DIRECTOR OF GENERAL OF POLICE GOVT. OF ASSAM ULUBARI GUWAHATI-781007. 3:DY. INSPECTOR GENERAL OF POLICE (ADMINISTRATION) GOVT. OF ASSAM AT ULUBARI GUWAHATI-781007.
4:SUPERINTENDENT OF POLICE KAMRUP AT AMINGAON PIN- 781031. 5:OFFICER-IN-CHARGE AMINGAON POLICE STATION AMINGAON DIST.- KAMRUP ASSAM PIN- 781031
Advocate for the Petitioner : MR. B C CHOUDHURY
Advocate for the Respondent : GA, ASSAM
Page No.# 2/3
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
10-03-2022
Heard Mr. B. C. Choudhury, learned counsel or the petitioner and Ms. S. Sarma, learned Government Advocate, Assam for the respondent Nos. 1 to 5.
Pursuant to the order dated 25.02.2022, the In-Charge of Amingaon Out-Post has placed the relevant information vide his communication dated 03.03.2022 before the Court through Ms. Sarma, learned Government Advocate, Assam.
From the perusal of the said communication dated 03.03.2022, it seen that the said In-Charge of Amingaon Out-Post after due verification of the records of Amingaon Out-Post as well as the records of North Guwahati Police Station, did not find any FIR dated 05.02.2021 lodged by the petitioner before the Amingaon Out-Post and also did not find any such case registered in the in the General Diary of Amingaon Out-Post as well as in the North Guwahati Police Station on the basis of the said FIR dated 05.02.2021 of the petitioner.
Said communication dated 03.03.2022 further reveals that the said In-charge of Amingaon OutPost had consultation with the concerned In-Charge of said Out-Post who was on charge of the said Out-Post on 05.02.2021 and even the said officer failed to place anything about the said FIR dated 05.02.2021 lodged by the petitioner and submitted that the then In-Charge of said Out-Post is not aware of any such FIR lodged by the petitioner on 05.02.2021.
From the copy of the said FIR dated 05.02.2021 (in vernacular, annexed to this petition), it is seen that it contains date and initial signature of someone, which are not legible and as such, on the basis of said alleged FIR dated 05.02.2021 lodged by the petitioner, no such order can be passed as prayed for directing the respondents to investigate the matter in terms of the said FIR dated 05.02.2021.
In view of the above, the Court is of the opinion that the petitioner, at best, may approach the appropriate Magistrate as provided under Section 156(3) of the CrPC for redressal of his grievances and in terms of the law laid down by the Hon’ble Apex Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh & others reported in 2008 (2) SCC 409.
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Accordingly, this writ petition being devoid of merit, stands dismissed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition is maintainable when the alleged FIR is not found in police records and is devoid of legible details.
Whether the petitioner should be directed to approach the Magistrate under Section 156(3) of the CrPC for redressal.
Colour shows how this judgement treated each authority
Sakiri Vasu vs. State of Uttar Pradesh & othersExplained¶22
Sakiri Vasu Vs. State of Uttar Pradesh & others reported in 2008 (2) SCC 409 · Who else cites this
1 provisions across 1 enactments
SUKUMAR PAUL
THE STATE OF ASSAM
COMMISSIONER AND SECRETARY DEPARTMENT OF HOME, GOVT. OF ASSAM
DIRECTOR OF GENERAL OF POLICE GOVT. OF ASSAM
DY. INSPECTOR GENERAL OF POLICE (ADMINISTRATION) GOVT. OF ASSAM
SUPERINTENDENT OF POLICE KAMRUP
MANASH RANJAN PATHAK
As recorded by the court registry
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