Santosh Kumar Koiri v. The State of Assam and 5 Ors

ORDER Date : 12.02.2024

¶1The instant writ petition has been filed by the Petitioner being aggrieved in the manner in which the Respondents and more particularly the Respondent No.6 who is the Officer-in-Charge of Lala Police Station in the District of Hailakandi was carrying out the investigation in connection with Lala P.S. Case No.70/2016 registered under Section 379/427/447/34 of the Indian Penal Code.

¶2This Court upon perusal of the materials on record finds it relevant to observe that as the Petitioner herein is aggrieved in the manner in which the investigation has been carried out, it is the opinion of this Court that the Petitioner would be well advised to proceed under Section 156(3) of the Code of Criminal Procedure, 1973. Furthermore, in view of the judgment of the Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and Others reported in

(2008) 2 SCC 409, the Petitioner therefore ought to have approached the concerned Magistrate having jurisdiction over the Police Station in question by Page No.# 3/3 filing an application under Section 156(3) of the Code rather than filing the instant writ petition.

¶3Taking into account the above, this Court is not inclined to issue a writ in the instant proceedings. However, liberty is given to the Petitioner to approach the concerned Chief Judicial Magistrate, Hailakandi, if the Petitioner is still aggrieved by the manner in which the investigation has been carried out in Lala P.S. Case No.70/2016.

¶4In view of the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010228022016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1702/2016o SANTOSHoKUMARoKOIRIo S/OoSRIoBHARAToKOIRIoR/OoVILL-oKUNKUNoBASTI,oP.O.oLALAMUKH,oP.S.o LALAoDIST.oHAILAKANDI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoITSoCOMMISSIONERoANDoSECRETARY,oDEPARTMENToOFoHOME,o DISPUR,oGUWAHATIo-6. 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-7. 3:THEoADDITIONALoDIRECTORoGENERALoOFoPOLICE oPROSECUTIONoASSAM oULUBARI oGUWAHATI-7. 4:THEoSUPERINTENDENToOFoPOLICE oDISTRICT-oHAILAKANDI oASSMA oPINo-o788151. 5:THEoCIRCLEoINSPECTORoOFoPOLICE oLALA oDIST.oHAILAKANDI oASSAM Page No.# 2/3 PIN - 788151 6:THE OFFICER-IN-CHARGE LALA POLICE STATION LALA DIST. HAILAKANDI ASSAM PIN - 788151 For the Petitioner(s) : Mr. S. K. Singha, Advocate For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH