Petitioner challenged non-registration of his ejahar/report regarding snatching. Court noted lack of evidence that police received the report. Granted leave to file proper imitation at appropriate station with direction to act upon it.
Leave granted to petitioner to lodge proper ejahar at appropriate police station.
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GAHC010088902022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3220/2022
JYOTISHKAR KAKATI
S/O- SRI NAGESWAR KAKATI, R/O- LOKHRA, SARUSAJAI, P.S. BASISTHA, GUWAHATI- 34, DIST.- KAMRUP(M), ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS. REP. BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME AFFAIRS, DISPUR, GHY.- 781006.
2:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON GUWAHATI-31 DIST.- KAMRUP ASSAM.
3:THE OFFICER-IN-CHARGE KAMALPUR POLICE STATION DIST.- KAMRUP ASSAM PIN- 781380
Advocate for the Petitioner : MR. A PAUL
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
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ORDER
Date : 16/06/2022
Heard Mr. A. Paul, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate, Assam, appearing for the State.
According to the petitioner, he had lodged an ejahar with the Officer-in-Charge, Kamalpur Police Station reporting an incident of snatching away of a motor bike from his custody by some unidentified persons. However, despite receipt of the ejahar, neither the same has been registered not did the Police take any action in the matter. Aggrieved thereby, the petitioner had submitted a fresh ejahar dated 23/04/2022 before the Superintendent of Police, Amingaon, Assam but even then, no action has been taken in the matter. Hence, this writ petition.
On instructions obtained by him, Mr. Goswami submits that no such ejahar has been received by the Police from the petitioner and that is why no action was taken in the matter.
A perusal of the ejahar does not disclose as to the date on which the same was lodged. There is also no receipt of the same by the Officer-in-Charge of the Police Station nor is there any averment in the writ petition that when the FIR was presented, the Police had refused to issue acknowledgement of the same. The Superintendent of Police, Amingaon is not the appropriate
authority to receive an ejahar and issue acknowledgement. There is also nothing in record to show that such an ejahar was ever lodged by the petitioner. Under the circumstances, this Court is left with no other option but to accept the stand of the learned Government Advocate, to the effect that the Police has not received any FIR from the writ petitioner.
Be that as it may, if an FIR is lodged by any person reporting the commission of any cognizable offence, the Police would be duty bound to register the same. As such, without commenting on the merit of the claim of the writ petitioner, this writ petition stands disposed of by granting leave to the petitioner to lodge proper ejahar before the appropriate Police Officer, if so advised.
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If such an ejahar is lodged by the petitioner, the same be acted upon by following the due
process of law.
With the above observations, the writ petition stands disposed of.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the police failed to register the petitioners ejahar/report regarding a snatching incident.
Jyotishkar Kakati
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
