The writ petition challenging alleged police inaction was dismissed for default as the petitioner failed to appear on the hearing date after a long pendency.
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GAHC010008802016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/905/2016
PABITRA KUMAR DAS
S/O LT. DHANIRAM DAS, R/O MIRZA, KOCHPARA, P.O. MIRZA, DISTKAMRUP RURAL, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER and SECY. TO THE HOME DEPTT., ASSAM, GHY-6
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-7
3:THE COMMISSIONER OF POLICE GHY-01
4:OFFICER IN CHARGE NOONMATI POLICE STATION DIST- KAMRUP METRO ASSAM PIN-781020
5:DEVA RAHANG S/O LT. THANU RAHANG R/O BARBARI P.O. HENGRABARI DIST- KAMRUP METRO ASSAM PIN-781038
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6:GUNESWAR KALITA HABILDAR ASSAM POLICE HEAD QUARTER C. BRANCH D.G.P. OFFICE ULUBARI GHY-7 KAMRUP METRO ASSA
Advocate for the Petitioner : MS.K DAS
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
08.08.2022
None appears for the petitioner on call whereas Ms. M Barman, learned State Counsel, Assam is present.
The writ petition is pending since the year 2016 and the allegation pertains to alleged inaction of the police authorities in considering a representation which was allegedly filed before the Senior Superintendent of Police, Kamrup on 29.12.2014.
The writ petition, itself was filed after a consideration delay of about one and half years. Further, the law on the subject is well settled by the Hon’ble Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh & Ors. , reported in (2008) 2 SCC 409 which has been reiterated in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. , reported in (2016) 6 SCC 277 .
At the same time, Ms. M Barman, learned State Counsel, Assam by referring to the affidavit-in-opposition filed by the Commissioner of Police-respondent no. 3 has submitted that an FIR was registered as Noonmati PS Non FIR Case No. 15/2015.
In view of the above development, it appears that the petitioner has lost interest
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in this matter.
Therefore, in absence of the petitioner without making any observation on the merits, the instant writ petition is dismissed for default.
JUDGE
Comparing Assistant
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of Uttar Pradesh & Ors.Referred¶23
Sakiri Vasu Vs. State of Uttar Pradesh & Ors., (2008) 2 SCC 409 · Who else cites this
Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors.Referred¶23
Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors., (2016) 6 SCC 277 · Who else cites this
Pabitra Kumar Das
State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
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