Dismissed

Atul Basumatary v. the State of Assam and 6 Ors.

Gauhati HC15 Jun 2025WP(C)/5088/2020

Case brief

AI extract

What is this about?

Writ petition seeking direction for independent investigation of an FIR under sections 302/392 IPC. High Court noted completion of investigation and framing of charge. Court declined to direct independent agency due to lack of exceptional circumstances and closed the petition.

What did the court decide?

Court declined to direct independent investigation; petition closed.

Atul Basumatary Vs the State of Assam… — Constitutional and Fundamental Rights | Gauhati HC (2025)

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GAHC010173202020

2025:GAU-AS:7930

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

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Case No. : WP(C)/5088/2020

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ATUL BASUMATARY

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S/O- SRI NAGENDRA BASUMATARY, R/O- VILL- NO. 1 SANTIPUR, P.O. UDALGURI, P.S. UDALGURI, DIST.- UDALGURI, BTR, ASSAM, PIN- 784509

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY-06

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2:THE UNION OF INDIA THROUGH THE SECY. TO THE GOVT. OF INDIA MINISTRY OF HOME NEW DELHI

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3:THE DIRECTOR GENERAL OF POLICE ASSAM GUWAHATI

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4:THE SUPERINTENDENT OF POLICE JORHAT DISTRICT

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5:THE OFFICER-IN-CHARGE JORHAT P.S. JORHAT

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6:THE IN-CHARGE LICHUBARI POLICE OUT POST JORHAT

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7:THE DY. COMMISSIONER JORHAT DISTRICT

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JORHA

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Advocate for the Petitioner : MR. A CHAUDHURY, MR. P K DAS,MR. D BORA,MR. N MAHAJAN

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Advocate for the Respondent : ASSTT.S.G.I., GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 16.06.2025

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Heard Mr. N Mahajan, learned counsel for the petitioner.

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The present writ petition is filed by the petitioner with a prayer to issue a direction for proper investigation of the FIR registered as Jorhat PS Case No.1858/2020 under sections 302/392 IPC, by an independent agency like CBI, CID etc and to be monitored by this court.

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Though no affidavit has been filed, however, the learned Government Advocate has submitted a report that after completion of investigation, charge sheet vide Jorhat PS CS No.10/2021 dated 27.01.202, has been filed.

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It is further submitted by the learned Government Advocate that charges were framed on 30.08.2022 and the prosecution has also started examining their witnesses from 15.12.2022 and matter is now fixed on 17.07.2025 for further examination of prosecution witnesses.

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In view of the aforesaid, and in absence of any material to suggest any exceptional circumstances to issue a direction for an

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independent investigation, this court is of the view that at this stage, this court may not exercise its power of judicial review to direct an independent investigation. However, it is needless to say that the petitioner being informant shall have all right to participate in the trial, if so desires.

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This court shall also expect that trial be expeditiously completed.

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In the aforesaid terms, the writ petition stands closed.

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Comparing Assistant

Atul Basumatary v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Atul Basumatary v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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