Hema Gogoi v. The State of Assam and 3 Ors

Order

11.09.2024

¶1Heard Mr. J Singh, learned counsel for the petitioner.

¶2The present application is filed seeking a protection from arrest in connection with Moran PS case No. 190/2019 registered under Section 325/153(A)/427/500/506 IPC read with Section 25(1A) of the Arms Act, 1953 read with Section 3(1)(x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

¶3The present writ petition is filed on the backdrop that no anticipatory bail can be granted under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. This court under its order dated 15.05.2020 after considering the matter granted protection to the petitioner to the effect that no coercive action shall be taken against the petitioner with condition that the petitioner shall remain present before the authority. It is submitted that pursuant to the aforesaid order, the petitioner had appeared before the investigation authority and recorded his statement.

¶4The learned State counsel on instruction submits that they may not require the custody of the petitioner in connection with the Moran PS case No. 190/2019 registered under Section 325/153(A)/427/500/506 IPC read with Section 25(1A) Page No.# 3/3 of the Arms Act, 1953 read with Section 3(1)(x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. .

¶5Though a question of maintainability of this writ petition has been raised, however, considering the matter that the petitioner was granted interim protection on 15.05.2020 and he had appeared before the authority and recorded his statement keeping the legal question open, this writ petition required stands closed in terms of the interim order dated 15.05.2020 subject to the condition that the petitioner shall appear before the investigating officer once again and he shall not temper with any evidence or influence any witnesses in the case.

¶6However, it is provided that if the investigating authority requires his presence for further investigation, the petitioner shall appear before it and co-operate with the investigating officer.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010248722019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7604/2019o HEMAoGOGOIo S/O-oLToJIBESHWARoGOGOI,oR/O-oMORAN,oPIOLINAGAR,oP.O.oANDoP.S.o MORAN,oDIBRUGARH-o785669,oASSAM,oPH.oNO.o9435132788 VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHOMEoDEPTT.,o DISPUR,oGHY-06 2:THEoSUPERINTENDENToOFoPOLICE oDIBRUGARH oDIST-oDIBRUGARH oPIN-o786001 oASSAM 3:THEoOFFICER-IN-CHARGE oMORANoP.S. oMORAN oDIST-oDIBRUGARH oPIN-o785669 oASSAM 4:THEoINVESTIGATINGoOFFICER oMORANoP.S.oCASEoNOo190/2019 oMORANoP.S. oMORAN oDIST-oDIBRUGARH oPIN-o785669 oASSAo AdvocateoforotheoPetitionerooooo:oMR.oBoDoKONWARoSR.oADV.,oMS.oMoKoBROWN,MR.oRoKALITAo Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY