Dhiraj Dey v. The State of Assam and 5 Ors

O R D E R

28.03.2024 It is the case of the petitioner that the Executive Magistrate in exercise of its power under Section 145 of Cr.P.C., by order dated 26.09.2023, directed the Officer-in-Charge, Gorchuk Police Station to cause an enquiry to the matter and submit a report at the earliest. Similar direction was also earlier issued on 02.07.2022. However, Ms. S Sarma, learned counsel for the respondent on instruction submits that the report is being sent to the Magistrate today itself. She has also produced a copy of the communication/ instruction furnished to her by the DCP, West Guwahati Police District in this regard. In view of such submission, the grievance of the petitioner is redressed. The learned counsel for the petitioner submits that he may be allowed to withdraw the writ petition with a liberty to approach this court, if cause of action arises. Prayer is allowed. Accordingly, the writ petition stands closed with liberty as sought for. A copy of the instruction dated 28.03.2024 is kept on record and marked as Document as 'X'.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010061092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1649/2024o DHIRAJoDEYo S/OoLATEoCHANDANoNAGAR,oBISHNUoRABHAoPATH,oPSoHATIGAON,o GUWAHAToIoDISToKAMRUPoMoASSAMo781034 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oHOMEoDEPARTMENT,oDISPURoGUWAHATIo781006 2:THEoDEPUTYoCOMMISSIONER oKAMRUPoMoGUWAHATIo781036 3:THEoEXECUTIVEoMAGISTRATE oSRIoDHUBRAJYOTIoHAZARIKA oACSoKAMRUPMoGUWAHATIo781036 4:THEoCOMMISSIONERoOFoPOLICE oPANBAZAR oKAMRUPoMoGUWWAHATIo781001oASSAM 5:THEoDEPUTYoCOMMISSIONERoOFoPOLICE oWESToPOLICEoDISTRICToJALUKBARI oKAMRUPoMoGUWAHATIoASSAMo781014 6:THEoOFFICERoINoCHARGE oGORCHUKoPOLICEoSTATION oKAMRUPMoGUWWAHATIo78103o AdvocateoforotheoPetitionerooooo:oMRoHoBARUAHo AdvocateoforotheoRespondento:oGA,oASSAMoo Page No.# 2/2 BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY