Anita Das v. The State of Assam and 6 Ors

ORDER Date : 25.11.2024 1) Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate appears for the respondents. 2) The prayer made in the writ petition seeking a direction to the respondent authorities to cause proper investigation in respect of the FIR filed by the petitioner and the same is registered as Paltan Bazar P.S. Case No.61/2024 under Sections 448/294/429/259/506/34 of the Indian Penal Code and for adequate compensation to the petitioner for causing death over pet dog by the respondent authority. Page No.# 3/3 3) It is submitted by Mr. N. Goswami, learned Government Advocate that in connection to the Paltanbazar P.S. Case No.61/2024 pursuant to investigation final report being Paltanbazar P.S. FR No.141 dated 24.07.2024 has been submitted by the Investigating Officer. The learned Government Advocate submits that although final report filed and there is no instruction whether the said has been accepted by the competent Court. 4) In view of the submissions made by the learned Government Advocate and the instructions placed before this Court, since a final report has been filed and there is no instruction as to whether the same has been accepted by the competent Court, it is open to the petitioner to approach the Court of competent criminal jurisdiction before which the final report has been filed and take necessary steps in that regard. 5) In so far as the prayer for compensation is concerned, unless there is a finding evident from the investigation conducted that any or all of the respondents were responsible for willfully causing death to the pet dog of the petitioner and the question of compensation were not determined as on date. 6) Accordingly, the petitioner is granted liberty to pursue his remedy before the competent Court of criminal jurisdiction. 7) However, at the request of learned counsel for the petitioner, at this stage, the writ petition stands dismissed on withdrawal, with liberty. 8) Copy of the instructions placed before the Court today by the learned Government Advocate is kept on record.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010233602024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5915/2024o ANITAoDASo DAUGHTERoOFoLATEoSHRIHARIoDAS,o RESIDENToOFoBLOCKoA4,oPPAMSoHOUSINGoAPARTMENT,o HOUSEoNO.o106,oP.O.-oLACHIToNAGAR,o P.S.-oPALTANoBAZAR,oDISTRICT-oKAMRUP(M),o GUWAHATI-07. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo THROUGH,oTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HOMEo(A)oANDoPOLITICALoAFFAIRSoDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoDIRECTORoGENERALoOFoPOLICEoASSAM oULUBARI oGUWAHATIo-o781007. 3:THEoINSPECTORoGENERALoOFoPOLICEo(ADMINISTRATION) oASSAM oULUBARI oGUWAHATI-o781007. 4:THEoCOMMISSIONERoOFoPOLICE oKAMRUPoMETRO oNEARoMEGHDOOToBHAWAN o KAMRUP(M) oASSAM oPIN-o781001. 5:THEoOFFICERoINoCHARGEoPALTANoBAZARoPOLICEoSTATION Page No.# 2/3 KAMRUP METRO ASSAM GUWAHATI -781007. 6:PEOPLE FOR ANIMALS (NGO) H.Q. 14 ASHOKA ROAD JANTAR MANTAR ROAD NEW DELHI- 110001. 7:INDIRA AMMA CHAIRMAN (PFA) PEOPLE FOR ANIMALS SIX MILE VIP ROAD BORBARI DISTRICT- KAMRUP METRO ASSAM GUWAHATI- 781037 Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS. J GHOSH,MS. S DEVI,MRS. R RONGMEI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA