Nilu Devi v. The State of Assam and 4 Ors

O R D E R

24.07.2024 Heard Ms. D Chouhan, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned Government Advocate appearing for the respondents. The present petition is filed, inter-alia, alleging police inaction in not properly investigating the FIR registered pursuant to an order of learned Magistrate First Class, Hamren on being approached by the present petitioner. This court under its order dated 16.06.2023 issued notice. Mr. Gogoi has obtained instruction from the Superintendent of Police district of Karbi Anglong, Hamren. The aforesaid instruction reveals that pursuant to the order of the learned Magistrate First Class, Hamren dated 29.09.2022 passed in CR case No. 15/2022 preferred by the present petitioner, an FIR was registered as Kheroni PS case No. 20/2022 under Section 448/323/34 IPC and was investigated into. After completion of the investigation, closure report was submitted vide F/R No. 32/2022 dated 30.06.2022 and forwarded to learned jurisdictional Magistrate. The petitioner filed naraji petition before the learned jurisdictional Magistrate and subsequently the learned Magistrate directed for reinvestigation. In view of the above, nothing survives in the present writ petition to be Page No.# 3/3 adjudicated. Accordingly, same stands closed. However, it is made clear that the petitioner shall be at liberty to approach this court in the event fresh cause of action arises. The instruction given by the learned Government counsel is kept on record and marked as document 'X'. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010127992023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3431/2023o NILUoDEVIo W/O-oSRIoBABBANoCHAUHAN,oR/O-oVILL-oJAMPATHARo CHARIALI/KHERONIoCHARIALIA,oP.O.oANDoP.S.oKHERONI,oDIST.-oWESTo KARBIoANGLONG,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHOMEoDEPTT.,o DISPUR,oGHY-6 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-7 oDISTRICT-oKAMRUPo(M) oASSAM 3:THEoADDITIONALoDIRECTORoGENERALoOFoPOLICEo(ADMN.) oASSAM oULUBARI oGHY-7 oDIST.-oKAMRUPo(M) oASSAM 4:THEoSUPERINTENDENToOFoPOLICE oWESToKARBIoANGLONG oHAMREN oP.O.oANDoP.S.oHAMREN oPIN-o782446 oDIST.-oWESToKARBIoANGLONG oASSAM Page No.# 2/3 5:THE OFFICER-IN-CHARGE KHERONI POLICE STATION P.O. AND P.S. KHERONI PIN- 782448 DIST.- WEST KARBI ANGLONG ASSA Advocate for the Petitioner : MR R S CHAUHAN Advocate for the Respondent : GA, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY