Writ petitioner sought investigation direction. Charge sheet filed by police during pendency. Court dismissed petition, permitting petitioner to approach appropriate authorities regarding the father's exclusion from trial.
Petitioner at liberty to agitate grievance before appropriate authority if so advised.
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GAHC010008512023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/293/2023
MD. SHAHALOM HOQUE
S/O- LT. JANAULLAH SHEIKH, R/O- BILASIPARA, WARD NO.9 P.O. AND P.S. BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783348
VERSUS
THE STATE OF ASSAM AND 9 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME AFFAIRS, DISPUR, GHY-06
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-07 3:THE SUPERINTENDENT OF POLICE DHUBRI DIST.- DHUBRI ASSAM 4:THE OFFICER-IN-CHARGE BILASIPARA P.S. DIST.- DHURBRI ASSAM PIN- 783348
5:PADMAPANI BORAH TSI INVESTIGATION OFFICER BILASIPARA P.S. DIST.- DHURBRI ASSAM PIN- 783348
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6:SULTAN ALI AHMED S/O- BAKKAR ALI R/O- VILL HAKAMA PART V P.O. BILASIPARA P.S. BILASIPARA DIST.- DHURBRI ASSAM PIN- 783348 7:ABDUL MANNAN MONDAL S/O- LT. HAZARAT ALI R/O- VILL- BILASIPARA WARD NO.6 (SATBER) P.O. AND P.S. BILASIPARA DIST.- DHURBRI ASSAM PIN- 783348 8:JAHIRUL ISLAM S/O- LT. HAZARAT ALI R/O- VILL- BILASIPARA WARD NO. 1 P.O. AND P.S. BILASIPARA DIST.- DHURBRI ASSAM PIN- 783348 9:SAHAJAN ALI S/O- AKBAR ALI R/O- VILL- KADAMTAL PART-II P.O. AND P.S. BILASIPARA DIST.- DHURBRI ASSAM PIN- 783348
10:ABDUL AWAL S/O- LT. JINNAT ALI SAKAR R/O- VILL- KADAMTAL PART-II P.O. AND P.S. BILASIPARA DIST.- DHURBRI ASSAM PIN- 78334
Advocate for the Petitioner : MR. D C C PHUKAN
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 07/08/2023
Heard Mr. D.C.C. Phukan, learned counsel for the writ petitioner. Also heard Mr. N. Goswami, learned Government Advocate, Assam, appearing for the State.
This writ petition was instituted with a prayer to issue a direction upon the respondent nos. 1 to 3 to carry out proper investigation in connection with Bilasipara PS case No. 265/2022 registered under section 447/427/325/326/34 along with section 302 of the IPC, by a Special Investigation Agency.
Today, when the matter is called up, Mr. Phukan submits that during the pendency of the writ petition, charge sheet has been submitted by the Police. However, it is the submission of Mr.Phukan that although the father of the main accused, viz. Jehirul Islam son of Shahdat Ali was named in the FIR, yet, he has not been sent up for trial.
Mr. Goswami, learned Government Advocate, Assam, submits that there is scope for filing supplementary charge sheet. Therefore, the petitioner may approach the appropriate authority raising grievance in this regard.
Mr. Phukan has agreed to the said course.
In view of the above, this writ petition stands disposed of at the motion stage by providing that the petitioner would be at liberty to agitate his grievance before the appropriate authority, if so advised.
JUDGE
sukhamay
Comparing Assistant
2 issues framed by the court
Whether the writ petition should be disposed of after the charge sheet was submitted, given the petitioner's grievance about a named person not being sent for trial.
Whether the petitioner is permitted to approach the appropriate authority regarding the non-mention of the accused's father in the trial.
Md. Shahaloom Hoque
The State of Assam
Director General of Police Assam
Superintendent of Police, Dhubri
Officer-in-Charge, Bilasipara P.S.
Sultan Ali Ahmed
Suman Shyam
As recorded by the court registry
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