The Gauhati High Court dismissed a writ petition filed by Central Bank of India against the State of Assam for alleged non-registration of an FIR and improper investigation. The Court held that Section 156(3) CrPC is an adequate remedy.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010065052022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2807/2022
CENTRAL BANK OF INDIA
A BODY CORPORATE AND DULY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT, 1970 HAVING ITS CENTRAL OFFICE AT CHANDERMUKHI, NARIMAN POINT, MUMBAI AND DOING THE BUSINESS OF BANKING AT DIVERSE PLACES ALL OVER INDIA AND IN PARTICULAR A BRANCH OFFICE AT KAMPUR, ASSAM, REPRESENTED BY ITS SENIOR MANAGER, CENTRAL BANK OF INDIA, KAMPUR BRANCH, KAMPUR-782426, DIST- NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY ITS COMMISSIONER AND SECRETARY, DEPARTMENT OF HOME GUWAHATI-781006, KAMRUP(M), ASSAM
2:THE OFFICER IN CHARGE KAMPUR POLICE STATION KAMPUR-782426 DIST-NAGAON ASSA
For the Petitioner(s) : Mr. M. Sharma, Advocate.
For the Respondent(s) : Mr. B. J. Talukdar, Sr. Govt. Advocate
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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 16.08.2024
Heard Mr. M. Sharma, the learned counsel appearing on behalf of the Petitioner and Mr. B. J. Talukdar, the learned Senior Government Advocate appearing on behalf of the Respondents.
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to approach the jurisdictional Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to entertain a writ petition arising from alleged inaction in registering an FIR or conducting proper investigation.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of Uttar Pradesh and OthersReferred¶19
(2008) 2 SCC 409 · Who else cites this
1 provisions across 1 enactments
Central Bank of India
State of Assam
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
