Petitioner alleged inadequate police investigation into his brother's murder. After reviewing the case diary and status report showing the investigation was at a final stage, the Court closed the writ petition, leaving the petitioner free to challenge the Final Form as per law.
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GAHC010163522024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4146/2024
PHANIDHAR RAJBONGSHI S/O- LT. SURENDRA NATH RAJBONGSHI, R/O- VILL. SUKEKUCHI, P.O.- SOLAMARA, P.S.- BELSOR, DIST.- NALBARI, ASSAM, PIN- 781338.
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BYTHE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME (A) DEPT., DISPUR, GUWAHATI- 781006, DIST.- KAMRUP(M), ASSAM.
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007 DIST.- KAMRUP(M) ASSAM.
3:THE SUPERINTENDENT OF POLICE NALBARI ASSAM.
4:THE OFFICER-IN-CHARGE BELSOR POLICE STATION DIST.- NALBARI
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ASSAM.
5:THE UNION OF INDIA THROUGH THE SECRETARY
GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI- 110003.
6:THE CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR
PLOT NO.- 5/B 6TH FLOOR CGO COMPLEX LODHI ROAD JAWAHARLAL NEHRU STADIUM MARG P.O. AND P.S.- LODHI ROAD NEW DELHI
DELHI- 110003
Advocate for the Petitioner : MR. K KALITA, MS. H BEGUM,MR. B. DAS
Advocate for the Respondent : GA, ASSAM, SC, CBI
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
11.09.2024
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that regard an FIR was lodged being Belsor P.S. Case No. 202/2023 which was registered under Section 364/120(B)/302 of IPC. Raising a grievance that investigation was not proceeded in the manner in which it should have been done, the petitioner had earlier approached the concerned jurisdictional Judicial Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 and the learned Magistrate directed the I.O. of the case to expedite the investigation and submit Final Form as early possible. Being dissatisfied with the conduct of the investigating authority, in not following the orders of the Judicial Magistrate, the present writ petition is filed.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition should be continued given the status report showing the investigation is nearly complete.
2 provisions across 2 enactments
PHANIDHAR RAJBONGSHI
THE STATE OF ASSAM
THE DIRECTOR GENERAL OF POLICE ASSAM
THE SUPERINTENDENT OF POLICE NALBARI
THE OFFICER-IN-CHARGE BELSOR POLICE STATION
THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
