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Jakir Hussain v. The State of Assam and 6 Ors

Disposed Of
Court
High Court of Gauhati
Decided
10 March 2024
Bench
Arun Dev Choudhuryauthor
Case no.
WP(C) 2202/2018

Judgment

ORDER

11.03.2024

¶1Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate for the State of Assam and Mr. M. Sarma, learned counsel for the respondent No. 5, 6 and 7.

¶2The grievance raised in this writ petition is inaction and delay on the part of the investigating authorities in investigating Dispur Police Station Case No. 1187/2015 registered under Sections 420/468/471 of IPC. Page No.# 3/4

¶3The said Police Station case was registered on an F.I.R. lodged by the petitioner. The petitioner lodged the aforesaid Ajahar before the Officer-in-Charge, Dispur Police Station on 18.06.2015 with an allegation that his signature was forged and the documents, which had been earlier submitted by him for the purpose of availing a loan from Mahindra & Mahindra Finance Limited, Ganeshguri Branch were utilized to project him as a guarantor of one Santanu Basumatary in connection with loan availed by the said Santanu Basumatary.

¶4Thereafter, under the intervention of this Court, the investigation proceeded and this Court directed the I.O. to submit status report time to time. In terms of this Court's order dated 12.02.2024, Mr. D. Nath, learned Senior Government Advocate, State of Assam has submitted a status report prepared by the SI of the Dispur Police Station dated 11.03.2024, which goes to show that as there is allegation of forgery, the investigating officer obtained the specimen signature of the complainant i.e. the present petitioner Md. Zakir Hussain and three other persons and same has been sent to the Directorate of Forensic Science Laboratory, Kahilipara for examination on 23.02.2024.

¶5Considering the status report, this Court is of the view that the investigation has substantially been progressed. Accordingly, in the considered opinion of this Court, there should not be any further grievance of the petitioner.

¶6Accordingly, this writ petition stands closed.

¶7A copy of the status report submitted by the SI of the Dispur Police Station dated 11.03.2024 is kept on record and marked as document "X". Page No.# 4/4

¶8While parting with the record, it is made clear that closure of this writ petition shall not debar the petitioner to approach the appropriate forum if any further grievance arises as regards the investigation. JUDGE Comparing Assistant

Case details

Parties and counsel

PageoNo.#o1/4 GAHC010067292018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2202/2018o JAKIRoHUSSAINo S/OoABDULoMUNNAFo R/OoHOUSEoNO.o10oSHANTIoPATH,oBARSOJAI,oBHETAPARAo P.O.oHATIGAON,oDIST.oKAMRUPo(M),oASSAM, VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o TOoBEoREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAMoDEPARTMENToOFoHOME,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoGENERALoOFoPOLICEoULUBARI oASSAMoPOLICEoHEADQUARTER oULUBARI oGUWAHATIo-7. 3:THEoCOMMISSIONERoOFoPOLICEoGUWAHATIoCITY oPANBAZAR oGUWAHATIo-1. 4:THEoOFFICERoINoCHARGE oDISPURoPOLICEoSTATION o DISPUR oGUWAHATIo-6. 5:MAHINDRAoANDoMAHINDRAoFINANCIALoSERVICESoLTD. oHAVINGoITSoCORPORATEoOFFICEoATo2NDoFLOORoSADHANAoHOUSE o570 Page No.# 2/4 P.B. MARK WORLI MUMBAI (TO BE REP. BY ITS CHAIRMAN AND PRESIDENT). 6:MANINDRA AND MAHINDRA FINANCIAL SERVICE LTD. HAVING ITS REGISTERED OFFICE GATEWAY BUILDING APOLLO BUNDER MUMBAI- 4000111. 7:MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. 3RD FLOOR KUSOM PLAZA G.S. ROAD OPPOSITE TO DISPUR PETROL PUMP DISPUR GUWAHATI-6 Advocate for the Petitioner : MR A R BHUYAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.