Dismissed

Sudha Jain v. State of Assam and 8 Ors.

Gauhati HC18 May 2023WA/148/2023

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the appellant's writ appeal challenging the rejection of her petition seeking directions to mold the investigation into her husband's estate and to have a disputed Will declared fabricated as a forged document via the Forensic Science Laboratory.

What did the court decide?

Order dated 09.01.2023 dismissing the writ petition seeking directions to expedite investigation and examine a Will was upheld, and the appeal dismissed.

Sudha Jain Vs State of Assam and 8 Ors. — Property and Title | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010066922023

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

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Case No. : WA/148/2023

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SUDHA JAIN

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W/O- LATE MAHENDRA JAIN, R/O PLOT NO. 929, BARKET NAGAR, KISAN MARG, JAIPUR, RAJASTHAN 302015.

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VERSUS

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STATE OF ASSAM AND 8 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM.

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2:THE PRINCIPAL SECRETARY HOME AND POLITICAL DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI ASSAM.

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3:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI.

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4:THE DEPUTY COMMISSIONER OF POLICE (CENTRAL) GUWAHATI ASSAM.

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5:THE DEPUTY COMMISSIONER CUM DISTRICT REGISTRAR KAMRUP(M) ASSAM.

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6:THE OFFICER-IN-CHARGE PALTAN BAZAR POLICE STATION GUWAHATI ASSAM.

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7:THE SENIOR SUB REGISTRAR KAMRUP(M) ASSAM. 8:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE KAMRUP(M) ASSAM. 9:NEETA JAIN @ NEETA PAHLAJANI D/O RAM CHANDRA PAHLAJANI R/O FLAT NO. 2D PINK ARCADE K.C. SEN ROAD PALTAN BAZAR MORAKHALI GUWAHATI ASSAM- 781008

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For the appellant : Ms. P. Das, Advocate For the respondents :Ms. S. Konwar, Junior Govt. Advocate, Assam

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– B E F O R E –

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HON’BLE THE CHIEF JUSTICE

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HON’BLE MRS. JUSTICE MITALI THAKURIA

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18-05-2023

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Heard Mrs. Sudha Jain, the appellant appearing through videoconferencing along with her son Mr. Anuj Jain. Also heard Ms. P. Das, legal aid counsel for the appellant.

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The instant writ appeal is directed against the order dated 09.01.2023 whereby the writ petition, being, WP(C) 8214/2022 filed by the writ petitioner seeking a direction upon the Paltan Bazar Police Station to expedite the investigation and to have the WILL in question examined through the Forensic Science Laboratory and to get investigated the alleged fraudulent withdrawal of money from the bank account of the petitioner’s husband, was dismissed.

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We have considered the arguments advanced by all concerned before us and have gone through the impugned order.

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Learned Government Advocate has placed on record copy of the factual report forwarded by the Officer-in-Charge of Paltan Bazar Police Station, as per which necessary steps, as required under the law, have been taken during the investigation of the FIR No.217/2017 lodged by the petitioner. The disputed WILL has been procured and has been forwarded to the Forensic Science Laboratory, Kahilipara, on 07.01.2023 to get examined the signature of Late Mahendra Kr. Jain. Apparently, the direction which the petitioner seeks in this writ appeal is to mould the investigation in a particular manner and to get the disputed WILL declared as a fabricated document.

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Manifestly, such a direction cannot be given by this Court while exercising writ jurisdiction. The appellant has available to her the remedies under civil and criminal laws to question the validity of the WILL. Otherwise also, the matter is under investigation of the Paltan Bazar Police Station. It is expected that the investigation of the FIR shall be expedited. If at all, the petitioner is desirous of seeking any injunction on the use of the WILL, she would have to approach the Civil Court concerned.

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With the above observations, we do not find any merit in this appeal and hence, the same is dismissed.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Sudha Jain v. State of Assam and 8 Ors.

Case brief

What is this about?

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Sudha Jain v. State of Assam and 8 Ors.

Case brief

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