Makani Barman v. The State of Assam and Anr

Page No.# 1/2 GAHC010017102020

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1513/2019 MAKANI BARMAN D/O LT. PRAFULLA CH. BARMAN W/O DWIJEN PATGIRI R/O ANSUYA AKASH APARTMENT LANKESWAR GUWAHATI-781014 DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP.BY THE PP ASSAM 2:SAHABUDDIN AHMED S/O LT. MANU SHEIKH R/O VILL. GARIGAON BIDYA NAGAR P.O. AND P.S. JALUKBARI DIST. KAMRUP (M) ASSAM PIN-781014 Advocate for : MR. A DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R

16.08.2024 Heard Mr. A. Das, learned counsel appearing for the petitioner and Ms. S. Page No.# 2/2 Jahan, learned Additional Public Prosecutor for the State respondent No.1. Also heard Mr. A.T. Sarkar, learned counsel for the respondent No.2.

¶2Petitioner contended that she filed an F.I.R before the Jalukbari Police Station on 15.07.2016 against the respondent No.2 and another, which was registered as Jalukbari P.S. Case No.572/2016 under Sections 294/406/420 IPC, corresponding to G.R. Case No.7959/2016.

¶3Though the Jalukbari P.S. Case No.572/2016 was registered on the basis of her said F.I.R dated 15.07.2016, but police did not enquire into the matter and neither filed a charge-sheet nor filed any Final Report. Therefore, the petitioner filed this Criminal Petition praying for a direction to the authorities concerned in the Jalukbari Police Station to take necessary action in respect of said Jalukbari P.S. Case No. 572/2016.

¶4In this petition, notice was issued way back on 03.01.2020.

¶5On being enquired, Ms. S. Jahan, learned Additional Public Prosecutor, Assam, on instruction submits that during pendency of this Criminal Petition, Jalukbari police after investigating the matter submitted a Final Report vide No.1496/2023 dated 24.08.2023 in said Jalukbari P.S. Case No. 572/2016.

¶6In view of said submission made by Ms. S. Jahan, learned Additional Public Prosecutor, Assam, this criminal petition being infructuous, stands dismissed. JUDGE Comparing Assistant