Arun Saikia and Anr v. The State of Assam and 7 Ors

ORDER Date : 05.04.2024 Heard Mr. B. Sinha, learned counsel for the petitioners.

¶2It is alleged in this writ petition that the Officer-in-Charge of Jalukbari Out Post had called the petitioner no.1 to the police out-post on 19.03.2024 and he was detained illegally from 10.00 AM to 07.00 PM and was released only after procuring 3 (three) cheques bearing cheque no. 000064 dated 10.04.2004 for an amount of Rs.1,00,000/-; cheque no. 000065 dated 21.03.2024 for an amount of Rs.1,00,000/-; and cheque no. 000066 dated 25.04.2024 for an amount of Rs.1,00,000/-, out of the said cheques, the respondent no.7 has encashed cheque no. 000065 dated 21.03.2024. Accordingly, the petitioner no.1 had lodged an FIR before the Noonmati Police Station, which was not registered. Hence this writ petition.

¶3Heard Mrs. S. Sarma, learned Govt. Advocate appearing for the respondent nos.1 to 6. The learned Govt. Advocate has submitted that pursuant to order dated 01.04.2024, she has written to the Officer-in-Charge of Noonmati Police Station, but the said authority has not responded. The said submission of the learned Govt. Advocate is taken note of. Page No.# 4/4

¶4In matters like this, the law is well settled that the in the event police does not accept FIR, it would be open to the informant to either approach the concerned Commissioner of Police or Superintendent of Police to lodge his complaint or to move the jurisdictional Magistrate for registration of the complaint. In this regard, the Court is guided by the ratio of the case of Sakiri Vasu Vs. State of U.P. & Ors. (2008) 2 SCC 409. In this State, the aggrieved person can also approach the Assam State Police Accountability Commission, Guwahati.

¶5Therefore, this is not found to be a proper case for issuance of writ to direct the police to register the FIR as the petitioner has other alternative remedy.

¶6While granting liberty to the petitioners to avail any other alternative remedy, this writ petition stands closed.

¶7The petitioners are also at liberty to produce a certified copy of this order along with steps taken.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010063422024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1734/2024o ARUNoSAIKIAoANDoANRo SONoOFoLATEoATULoSAIKIA,o RESIDENToOFoHOUSEoNO.o69,oSHASTRIoNAGAR,o FORESToGATE,oNARENGI,oP.O.oASEBoNARENGI,o P.S.-oNOONMATI,oGUWAHATI-o781026,o DISTRICT-oKAMRUP(M),oASSAM. 2:oSATBIRoSINGH oSONoOFoLATEoMASToRAM o RESIDENToOFoROYALoSILVERoHEIGHTSo5A o 5THoFLOOR oKANWACHALoROAD o SILPUKHURI oGUWAHATI-o781003 o DISTRICT-oKAMRUP(M) oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,o HOMEoDEPARTMENT,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-01. 3:THEoCOMMISSIONERoOFoPOLICE PageoNo.#o2/4 oKAMRUP(M) oGUWAHATI-01. 4:THEoOFFICER-IN-CHARGE oNOONMATIoPOLICEoSTATION oNOONMATI oGUWAHATI-20 o DISTRICT-oKAMRUP(M) oASSAM. 5:THEoOFFICER-IN-CHARGE oJALUKBARIoPOLICEoSTATION oGUWAHATI-12 o DISTRICT-oKAMRUP(M) oASSAM. 6:THEoIN-CHARGE oJALUKBARIoPOLICEoOUTPOST oJALUKBARI oGUWAHATI-14 o DISTRICT-oKAMRUP(M) oASSAM. 7:BELAoRANIoBORDOLOI oWIFEoOFoSRIoDHARMAoBORDOLOI o RESIDENToOFoSHANTIoNIVAS o NEARoRADISSONoBLUE oJALUKBARI o P.S.-oJALUKBARI oGUWAHATI-781014 o DISTRICT-oKAMRUP(M) oASSAM. 8:DHARMAoBORDOLOI oRESIDENToOFoSHANTIoNIVAS o NEARoRADISSONoBLUE oJALUKBARI o P.S.-oJALUKBARI Page No.# 3/4 GUWAHATI-781014 DISTRICT- KAMRUP(M) ASSAM Advocate for the Petitioner : MR B SINHA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA