Tazul Islam v. The State of Assam and 15 Ors

ORDER Date : 05.04.2024

Page No.# 5/6 Heard Mr. N. H. Mazarbhuiyan, learned counsel for the petitioner. Also heard Mr. H. Sarma, learned senior counsel, Govt. Advocate for the respondent nos. 1, 2 and 3.

¶2By filing the writ petition under Article 226 Constitution of India, the grievance expressed by the petitioner is that his brother had lodged an FIR on

22.02.2024 before the Officer-In-Charge of Badarpur Police Station through the Additional Superintendant of Police, Karimganj. However, the case was not registered and no investigation was initiated.

¶3It is projected that the private respondents have dispossessed the petitioner and his family members from the plot of land measuring 3 Bighas and that they have also started construction of an Idgah over his land.

¶4Accordingly, the petitioners has prayed for calling a report and directing the state respondents to take appropriate actions and to direct the respondent nos. 4 to 16 to maintain status-quo in respect of the land of the petitioner.

¶5The learned Senior Govt. advocate has raised the issue of maintainability.

¶6We find that in the event the police does not register a complaint, the petitioner, who is an aggrieved person, has the liberty of making a complaint before the Superintendent of Police under section 154 (3) CrPC and even if it does not yield any satisfactory result, it is open to the aggrieved person to file an application under Section 156 (3) CrPC before the learned jurisdictional Magistrate concerned. Under the scheme of Criminal Procedure Code, we do not find that the Magistrate cannot issue a direction or registration of FIR or for directing a proper investigation to be made and we also find the Magistrate is amply empowered to monitor the investigation and to ensure a proper Page No.# 6/6 investigation.

¶7The Criminal Procedure Code also contains provisions by which the offenders of breach of peace may be directed to maintain peace and for the appropriate court to initiate proceedings under Section 144 and 145 CrPC.

¶8Therefore, as the petitioner has alternative remedies available to him, the Court is not inclined to entertain this writ petition. In this regard, the Court is guided by the dictum of the Supreme Court of India, in the case of Sakari Vasu Vs. State of UP and others, (2008) 2 SCC 409. Therefore, this writ petition stands closed without issuance of notice upon the respondents.

¶9Be that as it may, the petitioner shall be at liberty to avail alternative remedy as may be available to in and accordance with law.

JUDGE

Comparing Assistant

PageoNo.#o1/6 GAHC010057812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1811/2024o TAZULoISLAMo S/O-oLATEoYUSUFoALI,o R/O-oNAHARPUR,o P.O.-oMALUA,oP.S.-oBADARPUR,o DISTRICT-oKARIMGANJ,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo15oORSo TOoBEoREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HOMEoDEPARTMENT,oDISPUR,o GUWAHATI-o781006. 2:SUPERINTENDENToOFoPOLICE oKARIMGANJ oP.O.oANDoDISTRICT-oKARIMGANJ. 3:OFFICER-IN-CHARGE oBADARPURoPOLICEoSTATION oKARIMGANJ-o788806. 4:MOMOTAZoBEGUM oW/O-oLATEoTAJAMMULoHUSSAIN o R/O-oVILLAGEoANDoP.O.-oMAHAKAL o oDISTRICT-oKARIMGANJ. 5:FAZLULoISLAM oS/O-oLATEoYUSUFoALI o PageoNo.#o2/6 R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o 6:ABDULoAHAD oS/O-oLATEoABDULoSUKKUR o R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o 7:ABDULoBASIT oS/O-oLATEoABDULoSUKKUR o R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o 8:ABDULoQUDDUS oS/O-oLATEoABDULoSUKKUR o R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o 9:FAHIMoAKTER oS/O-oTAJAMMULoALI o R/O-oNAHARPUR oP.O.-oMALUA o PageoNo.#o3/6 oDISTRICT-oKARIMGANJ o 10:SIKANDARoAHMED oS/O-oLATEoSAMEDoALI o R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o 11:SAFAToAHMED oS/O-oLATEoAKADDASoALI o R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o 12:SAHIDoAHMED oS/O-oLATEoAKADDASoALI o R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o 13:ABULoAHAD oS/O-oLATEoAKADDASoALI o R/O-oNAHARPUR oP.O.-oMALUA o oDISTRICT-oKARIMGANJ o Page No.# 4/6 14:NURUZ ZAMAN S/O- LATE MOHAMMAD ALI R/O- NAHARPUR P.O.- MALUA P.S.- BADARPUR DISTRICT- KARIMGANJ 15:BADRUZ ZAMAN S/O- LATE MOHAMMAD ALI R/O- NAHARPUR P.O.- MALUA P.S.- BADARPUR DISTRICT- KARIMGANJ 16:AMINUZ ZAMAN S/O- LATE MOHAMMAD ALI R/O- NAHARPUR P.O.- MALUA P.S.- BADARPUR DISTRICT- KARIMGANJ ASSAM Advocate for the Petitioner : MR. N H MAZARBHUIYAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA