Biren Baruah and Anr v. The State of Assam and 4 Ors

O R D E R

29.11.2023

The instant writ petition has been filed by the petitioners alleging that the North Guwahati Police Station has not registered the FIR so filed Page No.# 3/4 by the petitioners against the security personnel of the IIT, Guwahati which led to the death of one Kishok Baruah. The petitioners have also sought for compensation of an amount of Rs.50,00,000/- to be paid to the family of Late Kishok Baruah and also have sought for a direction to the IIT, Guwahati to review the security protocol and direct the security personnel who are properly trained to handle the situation of crisis in future.

¶2It reveals from the records that the respondent No.2 had filed an affidavit-in-opposition denying the contentions of the writ petition as well as also stating inter-alia that there has been no negligence on the part of the security personnel of the respondent No.2.

¶3This Court after giving an anxious consideration to the matter and the submission made by the learned counsel for the parties is of the opinion that the reliefs which have been sought for in the instant writ petition cannot be granted for the following reasons:-

(i) The relief as regards directing the North Guwahati Police Station to register the FIR cannot be granted in view of the fact that the petitioners have efficacious remedy available under Section 156 (3) of the Code of Criminal Procedure, 1973. The said opinion is based upon the law laid down by the Supreme Court in the case of Sakiri Vasu vs. the State of Uttar Pradesh and Others reported in (2008) 2 SCC 409

(ii) The relief as regards reviewing of the security protocol of the IIT, Guwahati and for a direction that the security personnel should be properly trained to handle the situation of crisis in future as well as a Page No.# 4/4 direction for payment of compensation on account of negligence, in the opinion of this Court, cannot be granted in the present writ proceedings as the said would entail adjudication of disputed question of facts as to whether there was any negligence on the part of the security personnel of the Respondent No.2 which led to the death of Late Kishok Baruah. The petitioners herein would be well advised therefore to approach appropriate Civil Court seeking compensation and for appropriate relief.

¶4Accordingly, the writ petition is therefore not entertained for which the instant writ petition stands dismissed.

¶5However, the dismissal of the instant writ petition shall not preclude or prejudice the petitioners to avail remedy as aforementioned.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010194942018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6701/2018o BIRENoBARUAHoANDoANR.o S/O-oSRIoRATHESWARoBARUAH,oR/O-oKHEHENIPARA,oP.S-oBAIHATAo CHARIALI,oDIST-oKAMRUP(M),oASSAM,oPIN-o781121 2:oHIROKoBARUAH oS/O-oSRIoBIRENoBARUAH oR/O-oKHEHENIPARA oP.S-oBAIHATAoCHARIALI oDIST-oKAMRUP(M) oASSAM oPIN-o78112o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCHIEFoSECRETARY,oGOVToOFoASSAM,oASSAMoSECRETARIAT,o DISPUR,oGUWAHATI,oASSAM,oPIN-o781006 2:THEoINDIANoINSTITUTEoOFoTECHNOLOGY oGUWAHATIoREP.oBYoITSoDIRECTOR oGUWAHATI oASSAM oPIN-o781039 3:THEoOFFICERoINoCHARGE oNORTHoGUWAHATIoP.S oABHAYAPUR oGUWAHATI oASSAM oPIN-o781031 4:THEoSUPERINTENDENToOFoPOLICE oKAMRUP oOFFICEoOFoTHEoSUPERINTENDENToOFoPOLICE Page No.# 2/4 GUWAHATI- BAIHATA ROAD KAMPUR TRIPTI NAGAR AMINGAON GUWAHATI ASSAM PIN- 781031 5:THE DEPUTY COMMISSIONER KAMRUP OFFICE OF THE DEPUTY COMMISSIONER INDOOR STADIUM ROAD AMINGAON GUWAHATI ASSAM PIN- 781039 6:BIREN BARUAH S/O SRI RATHESWAR BARUAH R/O KHEHENIPARA P.S BAIHATA CHARIALI DISTRICT KAMRUP(M) ASSAM PIN-781121. 7:HIROK BARUAH S/O BIREN BARUAH R/O KHENENIPARA P.S BAIHATA CHARIALI DIST. KAMRUP(M) ASSAM PIN-781121 For the petitioner (s) : Ms. D. Ghosh, Advocate For the respondent (s) : Mr. R. P. Kakoti, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH