Enamul Islam Mondal v. The State of Assam

ORDER Date : 18.12.2023

¶1The instant writ petition was filed by the Petitioner challenging two proceedings initiated against the Petitioner on the basis of a complaint filed by the Respondent No.12. The said two proceedings are:

(i) RE No.32(5)2017 which was pending before the Directorate of Vigilance and Anti Corruption, Assam. Page No.# 4/5

(ii) The criminal investigation proceedings being registered as South Salmara Police Station Case No.203/2017 registered under Sections 406/420/506/34 of the Indian Penal Code, 1860.

¶2The basis for filing the instant writ petition is that there was another proceedings initiated at the behest of the complaint filed by the Respondent No.12 before the Criminal Investigation Department (CID) of the Government of Assam which was numbered as Enquiry No.86/2017 pertaining to Cell-XXI/ENQ. In the said proceedings before the CID, a report was submitted on 01.07.2017 to the effect that the allegations made in the complaint by the Respondent No.12 had no truth and was also not substantiated. It is therefore the case of the Petitioner that when an Investigating Authority had already submitted a detailed report in respect to the complaint filed by the Respondent No.12, the further continuation of the aforementioned two proceedings is an abuse of the process of law.

¶3During the pendency of the instant writ petition, the Investigating Authority of the South Salmara Police Station in South Salmara P.S. Case No.203/2017 submitted a final report stating that there was no case made out under Section 406/420/506/34 of the Indian Penal Code.

¶4It further reveals from an affidavit filed by one Pabindra Kumar Nath on

18.12.2023 who is presently serving as Superintendent of Police, Directorate of Vigilance and Anti-Corruption, Assam that on the strength of complaint filed by the Respondent No.12 on 28.04.2017, a preliminary enquiry was conducted by the Directorate vide P/E No.56/17 dated 03.05.2017. Subsequently, the Enquiry Officer submitted an enquiry report suggesting for regular enquiry. Accordingly, a Regular Enquiry vide DV&AC R/E No.32(5)2017 dated 24.05.2017 was initiated by the Directorate. In course of the said enquiry, a letter vide Page No.# 5/5 No.DGVA/RI/2018/74 dated 04.01.2018 was sent to some officials to depose in connection with Regular Enquiry. The final enquiry report of R/E No.32(5)2017 was sent to the Government vide letter No.DGVA/RE/2023/9926 dated

11.12.2023 with a request to close the enquiry.

¶5The learned Senior counsel for the Petitioner therefore submitted that in view of the above i.e. the report submitted by the Criminal Investigation Department (CID) of the Government of Assam numbered as Enquiry No.86/2017; the final report submitted in South Salmara Police Station bearing Case No.203/2017 as well as the report so submitted in RE No.32(5)2017, all the proceedings so initiated against the Petitioner have been duly closed. Under such circumstances, the learned Senior counsel therefore submitted that nothing survives in the instant writ petition.

¶6Accordingly, in view of the above, this Court therefore closes the instant writ petition as nothing further is required to be adjudicated upon.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010026462018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/790/2018o ENAMULoISLAMoMONDALo S/O.oAZIZURoRAHMANoMONDAL,oVILL.oGOTABARI,oP.O.oSUKCHAR,oP.S.o SUKCHAR,oDIST.oSOUTHoSALMARAoMANKACHAR,oASSAM 2:oIMDADULoISLAMoMONDAL oS/O.oDR.oMAJIDURoRAHMANoMONDAL oVILL.oHATSINGIMARI oP.O.oHATSINGIMARI oP.S.oSOUTHoSALMARA oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM 3:oABUoNASHIR oS/O.oBAZALoMOLLAH oVILL.oHATSINGIMARI oP.O.oHATSINGIMARI oP.S.oSOUTHoSALMARA oDIST.oSOUTHoSALMARAoMANKACHAR oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHOMEoANDo POLITICALoAFFAIRSoDEPTT.,oDISPUR,oGHY. 2:THEoDIRECTORoGENERALoOFoPOLICE oULUBARI oGHY. 3:THEoDIRECTORoAGRICULTURE PageoNo.#o2/5 oASSAM oKHANAPARA oGHY. 4:THEoADDL.oDIRECTORoGENERALoOFoPOLICE oASSAM oCHIEFoMINISTER'SoVIGILANCEoCELL oASSAMoSECRETARIAT oDISPUR oGHY. 5:THEoADDL.oDIRECTORoGENERALoOFoPOLICE oASSAM oVIGILANCEoANDoANTI-CORRUPTIONoCELL oSREEMANTAPUR oGHY. 6:THEoADDL.oDIRECTORoGENERALoOFoPOLICE oCID oASSAM oULUBARI oGHY. 7:THEoDY.oCOMMISSIONER oSOUTHoSALMARAoMANKACHARoDISTRICT oHATSINGIMARI 8:THEoSUPDT.oOFoPOLICE oCHIEFoMINISTER'SoSPL.oVIGILANCEoCELL oASSAM oSIXoMILE oGHY. 9:THEoSUPDT.oOFoPOLICE oVIGILANCEoANDoANTICORRUPTION oASSAM oANTICORRUPTION oSREEMANTAPUR oGHY. Page No.# 3/5 10:THE SUPDT. OF POLICE SOUTH SALMARA MANKACHAR DISTRICT HATSINGIMARI ASSAM 11:THE OFFICER IN CHARGE SOUTH SALMARA POLICE STATION P.O. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM 12:ABU MUSTAFA SK S/O. LT. ABUL KASHEM SK VILL. HATSINGIMARI P.O. HATSINGIMARI DIST. SOUTH SALMARA MANKACHAR ASSA For the Petitioner(s) : Mr. K. N. Choudhury, Sr. Advocate For the Respondent(s) : Mr. K. K. Parasar, Advocate : Ms. U. Das, Additional Sr. Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH