Md. Naim Uddin Ahmed v. The State of Assam and 5 Ors

ORDER Date : 26-06-2024 (Suman Shyam, J)

Heard Mr. A.M. Ahmed, learned counsel for the writ petitioner. Mr. P. Sarma, learned Govt. Advocate, Assam has obtained instruction as per order dated 14-06-2024 passed by this Court and produced the same for perusal by this Court. A perusal of the instruction furnished by the Superintendent of Police, Darrang, Mangaldai, prima-facie, goes to show that although an FIR has been received against the petitioner, yet, no police case has been registered against him till today. The written instructions/ para-wise comments further reflects that preliminary enquiry is going on so as to ascertain, as to whether, any cognizable offence is made out from the FIR and therefore, until the matter is ascertained, Mr. Sarma submits that no further action is contemplated against the petitioner in this case at this stage. In view of the above and considering the fact that this writ petition is based merely on apprehension of arrest without following due process of law, we are of the view that no further order is called for in this proceeding, save and except, providing that action, if any, Page No.# 3/3 proposed against the petitioner, shall be initiated strictly in accordance with law. With the above observation, this writ petition stands closed. Copy of the instruction dated 24-06-2024 furnished by the Superintendent of Police, Darrang, Mangaldai be retained in the record of this case.

JUDGE JUDGE GS Comparing Assistant

PageoNo.#o1/3 GAHC010114492024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oW.P.(Crl.)/19/2024o MD.oNAIMoUDDINoAHMEDo SONoOFoLATEoAKBARoALI,oVILLAGE-oNO.2oBEZPARA,oP.S.oMANGALDAI,o DISTRICT-oDARRANG,oASSAM,oPIN-o784529 VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oHOMEoDEPARTMENT,oDISPUR,oGUWAHATI,oPIN-o781006 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI oPIN-o781006 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI oPIN-o781007 4:THEoSUPERINTENDENToOFoPOLICE oDARRANG oDIST.-oDARRANG oASSAM oPIN-o78452 5:THEoOFFICER-IN-CHARGE oMANGALDAIoPOLICEoSTATION oP.O.oANDoP.S.oMANGALDAI oDISTRICT-oDARRANG Page No.# 2/3 ASSAM PIN- 784529 6:DARAJUL ALI (MONI) SON OF FARID UDDIN AHMED VILLAGE- CHAMUAPARA P.S. MANGALDAI DIST.- DARRANG ASSAM PIN- 78452 Advocate for the Petitioner : MR. A M AHMED Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY