Bappa Kar v. The State of Assam and 7 Ors

ORDER Date : 24.07.2023 (A.M. Bujor Barua, J)

Heard Mr. D. Mahanta, learned counsel for the petitioner and Mr. D. Nath, learned Senior Government Advocate for the respondents No. 1, 2 and 3, being Page No.# 3/4 the authorities in the Home and Political Department of the Government of Assam. None appears for the respondents No. 4, 5, 6, 7 and 8.

¶2This writ petition is instituted with the following prayer: "In the premises aforesaid your Lordship's humble petition most humbly prays that your Lordship may graciously pleased to admit the petition, call for records, issue Rule on the Respondents to show cause as to why a Writ in the nature of Mandamus should not be issued directing the Respondent authorities to take appropriate legal action/ disciplinary action against the respondent no-4 and 5 for their misuse of power/ threat given to the petitioner and to give compensation to the petitioner for damages done by them and/or after cause/ causes being shown, hearing the parties to make the Rule absolute and/or pass any other order/orders as your Lordship's may deem fit and proper. And/or Pending disposal of the Rule your Lordships graciously be pleased to pass an interim order directing the respondent no-4 and 5 not to harass the petitioner in the instant case and give liberty to move freely to the petitioner and/or pass any other order/orders as your Lordship's may deem fit and proper."

¶3On an alleged incident that in respect of the execution of a sale deed two persons, namely, Sri Horicharan Lohar and Sri Sibusankar Dey had filed a false FIR against the petitioner resulting in Rupahihat P.S. Case No. 420/468/471 of the IPC. It is the claim of the petitioner that on 07.12.2021, the Officer-in-charge of the police station approached the petitioner in the night of 07.12.2021 stating that he had come under the instruction of Sri Anand Mishra, Superintendent of Police, Nagaon and took certain video recording in the mobile phone. The further allegation is that on 08.12.2021, the Sub-Divisional Police Officer of Kaliabor, namely, Sri Mrinmay Das had threatened the petitioner to hand over the land involved in the aforementioned sale deed and stated that it was on the instruction of the Sri Anand Mishra, Superintendent of Police, Nagaon. In the circumstance, the present writ petition is instituted seeking a direction for appropriate legal action/disciplinary action against the respondents Page No.# 4/4 No. 4 and 5, namely Sri Anand Mishra, Superintendent of Police, Nagaon and Sri Mrinmay Das, Sub-Divisional Police Officer, Kaliabor, respectively.

¶4It is stated that the two officers in the meantime had been transferred from their respective postings where the alleged occurrence may have taken place. In the circumstance, Mr. D. Mahanta, learned counsel for the petitioner states that no further cause of action for the writ petition survives.

¶5In view of such statement, the writ petition stands closed.

¶6However, closure of the writ petition shall not in any manner construed to be an impediment in continuing any investigation that may have been initiated pursuant to any police case as well as any further remedy under the law that may be available to the writ petitioner against the aforementioned police officers, if so advised.

J U D G E J U D G E

Comparing Assistant

PageoNo.#o1/4 GAHC010020192022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/863/2022o BAPPAoKARo S/O-LATEoRONJIToKORo R/O-AMBAGANoPUBoSUWALONIo P.O-AMBAGAN,oP.SoRUPOHIHAT,oMOUZA-oLAOKHOWAo DIST.-NAGAONo PIN-782120 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o ASSAMoSECRETARIAT,oDISPUR,oGUWAHATI-06 2:THEoHOMEoANDoPOLITICALoDEPARTMENT oREP.oBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oCMoBLOCK o2NDoFLOORo ASSAMoSECRETARIAT oDISPUR oGUWAHATI-06 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAMoPOLICEoHEADQUARTERSo oULUBARI oGUWAHATI-781007 oASSAM 4:ANANDoMISHRA oSUPERINTENDENToOFoPOLICE oNAGAON oP.OoANDoDIST-oNAGAON oPIN-782001 Page No.# 2/4 5:MRINMOY DAS SDPO KALIABOR DIST- NAGAON P.O- KALIABOR 6:ANAND KUMAR SARKAR NAGAON POLICE RESERVE P.O AND DISTRICT- NAGAON PIN-782001 7:HORICHARAN LOHAR S/O- LATE DUKHIRAM LOHAR R/O- AMBAGAN WEST COLONY P.S- RUPAHIHAT P.O- AMBAGAN DIST- NAGAON PIN-782120 8:SIBSANKAR DEY (SIBU) S/O-MONINDA DEY R/O- AMBAGAN WEST COLONY P.S- RUPAHIHAT P.O- AMBAGAN DIST- NAGAON PIN-78212 Advocate for the Petitioner : MR D MAHANTA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN