Maini Mahanta and Anr v. The State of Assam and 9 Ors

PageoNo.#o1/4 GAHC010180192021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5830/2021o MAINIoMAHANTAoANDoANRo W/O-oSRIoBANIoDAS,oR/O-o1/2oKKBoROAD,oCHENIKUTHI,oGHY-03,oDIST.-o KAMRUPo(M),oASSAM 2:oUNIQUEoBORAH oS/O-oSRIoHOMARNOVoBORAH oR/O-oH.NO.o25 oUDAYANoPATHoNO.o1 oTRIPURAoROAD oBELTOLA oGHY-28 oDIST.-oKAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo HOME,oDISPUR,oGHY-06,oASSAM 2:THEoDIRECTORoGENERALoOFoPOLICE oULUBARI oGHY-07 oASSAM 3:THEoOFFICER-IN-CHARGE oPALTANoBAZARoP.S. oGHY oASSAM 4:THEoOFFICER-IN-CHARGE oCHANDMARIoP.S. oGHY oASSAM Page No.# 2/4 5:THE OFFICER-IN-CHARGE DISPUR P.S. GHY ASSAM 6:THE OFFICER-IN-CHARGE BASISTHA P.S. GHY ASSAM 7:THE OFFICER-IN-CHARGE MANGALDOI P.S. ASSAM 8:THE OFFICER-IN-CHARGE LUMDING P.S. ASSAM 9:JAGADISH LAHKAR PRESIDENT VISHWA HINDU PARISHAD DIST.- DARRANG ASSAM PIN-784147 10:PRASANJIT NAHA DISTRICT-IN-CHARGE BAJRANG DAL GHY KAMRUP (M) ASSA For the petitioner (s) : Mr. S. K. Das, Advocate

For the respondent (s) : Mrs. U. Das, Addl. Sr. Govt. Advocate

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

03.01.2024 The instant writ petition has been filed for setting aside and quashing the five numbers of First Information Reports (FIRs) lodged Page No.# 3/4 against the petitioners and thereupon being registered by the respective Police Stations. The said FIRs have been registered as (i) Paltan Bazar P.S. Case No.968/2021; (ii) Basistha P.S. Case No.1882/2021; (iii) FIR lodged before the Mangaldai Sadar Police Station; (iv) FIR lodged before Dispur Police Station and (v) FIR lodged before Chandmari Police Station.

¶2In the writ petition, there have been no details furnished as regards the FIRs filed in Mangaldai Sadar Police Station; Dispur Police Station and Chandmari Police Station.

¶3Be that as it may, upon notice being issued Mrs. U. Das, the learned Additional Senior Government Advocate has produced an instruction to the effect that Chandmari P.S. Case No.663/2021 was registered on being transferred of Dispur P.S. Case No.3675/2021. Thereupon, the Officer-in-Charge, Chandmari P.S. submitted a prayer to the Court to transfer the case to Paltan Bazar P.S. as the offence as mentioned in the FIR is of the same in nature. Accordingly, an order was passed by the learned Court Below for transferring the said Chandmari P.S. Case No.663/2021 to Paltan Bazar Police Station and registered as Paltan Bazar P.S. Case No. 1035/2021. Similarly, Basistha P.S. Case No. 1882/2021 was transferred to Paltan Bazar P.S. as per the order of the learned Court Below and it has been again re-registered as Paltan Bazar P.S. Case No. 1038/2021. Agia P.S. Case No. 149/2021 of Goalpara District was transferred to Chandmari P.S. and the same upon being forwarded was re-registered as Paltan Bazar P.S. Case No. 1153/2021 on the order passed by the learned Court Below. Lumding P.S. Case No. 205/2021 was also transfer to Chandmari P.S and the Officer-in-Charge of Chandmari P.S. forwarded the case to Paltan Bazar P.S., and accordingly, a case was re-registered as Paltan Bazar P.S. Page No.# 4/4 Case No.1154/2021. Thereupon, all these four cases were amalgamated with Paltan Bazar P.S. Case No.968/2021.

¶4Under such circumstances, as all the cases have been amalgamated as has been informed to this Court vide the instructions dated 08.12.2021, this Court finds no reason for issuance of any writ in the instant case.

¶5Accordingly, the instant writ petition stands closed on the above observation.

¶6The instructions so placed by Mrs. U. Das, the learned Additional Senior Government Advocate is kept on record and marked with the letter "X".

JUDGE Comparing Assistant