Arun Saikia and Anr. v. the State of Assam and 7 Ors.
Case brief
What is this about?
Petitioner challenged failure of police to register an FIR after alleged illegal detention. Court held that since alternative remedies exist, this was not a proper case for a writ. Writ petition closed.
What the court decided
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GAHC010063422024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1734/2024
ARUN SAIKIA AND ANR SON OF LATE ATUL SAIKIA, RESIDENT OF HOUSE NO. 69, SHASTRI NAGAR, FOREST GATE, NARENGI, P.O. ASEB NARENGI, P.S.- NOONMATI, GUWAHATI- 781026, DISTRICT- KAMRUP(M), ASSAM.
2: SATBIR SINGH SON OF LATE MAST RAM
RESIDENT OF ROYAL SILVER HEIGHTS 5A
5TH FLOOR KANWACHAL ROAD SILPUKHURI GUWAHATI- 781003 DISTRICT- KAMRUP(M) ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-01. 3:THE COMMISSIONER OF POLICE
Issues for consideration
2 issues framed by the court
Whether a writ should be issued directing police to register an FIR when the informant has an alternative remedy available.
If the petitioner has alternative remedies such as approaching the Commissioner of Police or Assam State Police Accountability Commission.
Parties & counsel
- petitioner
Arun Saikia and Anr
- respondent
State of Assam and 7 Ors
Coram
Kalyan Rai Surana
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · April
- Registered
- Case no.
- WP(C)/1734/2024
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