Gauhati High Court
Praneswar Basumatary vs The State Of Assam And 5 Ors on 18 September, 2019
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010227972014
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6668/2014
1:PRANESWAR BASUMATARY
S/O- LT. SUREN BASUMATARY, R/O VILL.- JOYSIDDI, P.S.- SOOTEA, DIST.-
SONITPUR, ASSAM.
VERSUS
1:THE STATE OF ASSAM and 5 ORS,
REP. BY ITS COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY- 6.
2:THE DY. COMMISSIONER
SONITPUR
TEZPUR
DIST.- SONITPUR
ASSAM.
3:THE PRESIDENT
SONITPUR ZILLA PARISHAD
TEZPUR
SONITPUR
P.O.- TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001.
4:THE BLOCK DEVELOPMENT OFFICER
SOOTEA DEVELOPMENT BLOCK
DIST.- SONITPUR
ASSAM
PIN- 784182.
5:THE SUPERINTENDENT OF POLICE
SONITPUR
TEZPUR
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DIST.- SONITPUR
ASSAM
PIN- 784001.
6:THE OFFICER-IN-CHARGE
SOOTEA POLICE STATION
SOOTEA
DIST.- SONITPUR
ASSAM
PIN- 784182.
7:THE SUPERINTENDENT OF POLICE
BISWANATH CHARIALI
POLICE DISTRICT
CIVIL DISTRICT SONITPUR
ASSAM
P.O. BISWANATH
DISTRICT-SONITPUR
ASSAM
PIN-78417
Advocate for the Petitioner : MR.A T SIKDER
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 18-09-2019 Heard Dr. P. K. Goswami, learned counsel for the petitioner. Also heard Ms. R. B. Bora, learned Govt. Advocate appearing for the State respondents who produced letter dated 6.3.2019 issued by the Superintendent of Police, Biswanath, Assam with the following contents:
" OFFICE OF THE SUPERINTENDENT OF POLICE, BISWANATH DISTRICT, BISWANATH CHARIALI:: ASSAM Memo No. BSN/Crime/SR/2019/483 dated 06.03.2019 To.
Sri A. Chakravarty, Jr. Govt. Advocate, Assam, Gauhati High Court, Guwahati Page No.# 3/4 Sub:- WP(C) No. 6668/2014 Praneswar Basumatary Vs. The State of Assam and Ors.
Ref: JRGA/AC/2019/1595 Dtd. 27.2.2019 in connection with Status of Sootea P.S.Case No. 10/2013 , U/S-406/420 IPC With reference to the subject cited above , I have the honour to report that as per your order I have gone through the records available at Sootea P.S., C.I. Office Jamuguri and Crime Branch S.P.Office Biswanath relating to Sootea P.S.Case No. 10/2013 U/S 406/420 IPC.
From the records it has been revealed that it was a case suited by Sri Praneswar Basumatary(Ex-MLA) Sootea LAC on 16.01.2013 against ZPC member Sri Deben Saikia with a allegation of misappropriation of an amount of Rs. 3,50,000/-(Rupees three lakhs fifty thousands) only against a repairing work of Nogda to Balijuri road and supply of sand gravel under NREGA scheme.
The case was treated as S.R. vide S.R. No. 29/13 and investigated by (1) SI Uttam Tamang. Thereafter by (2) SI Punaram Saikia and thereafter by (3) SI Munindra Kr. Nath.
The final P.R. of investigation of the case was submitted by Inspector Ashim Kr. Nath the then CI EBC which was approved by the District authority to submit Charge Sheet in the case, against accuse (1) ZPC member Deben Saikia (2) BDO Rajendra Kr Das(3) JE Sunmoni Saikia and (4) Lakhi Nayaran Pator U/S 420/406/34 IPC showing accused Lakhi Narayan Pator as absconcer.
Accordingly the I/O SI Munindra Kr. Nath had submitted charge-sheet in the case vide CS No. 90/16 dtd. 30.9.2016 against the above named accused persons under the section of law as mentioned above.
The Charge-Sheet alongwith the case diary have already been submitted before the Hon'ble Court vide C.S.No. 90/16, Dated 30.09.2016.
Sd Illegible Superintendent of Police Biswanath, Assam."
In this writ petition the petitioner sought for a direction for taking action against the misappropriation of public amount of Rs. 3,50,000/- allotted under the NREGA scheme for Tezpur Zila Parishad in respect of which Sootea P.S. Case No. 10/2013 is pending and for further direction to the respondent Nos. 3 and 4 to take necessary steps for construction/repairing of road of Nagda to Balijuli under NREGA scheme. From the letter dated 6.3.2019, it is found that charge sheet against the ZPC member Sri Deben Saikia, BDO Rajendra Kr.Das, Junior Engineer Sunmani Saikia and one Lakhi Narayan Pator under Section 420/406/34 IPC showing the accused Lakhi Narayan Pator as absconder was submitted vide Sootea P.S charge-sheet No. 90/2016 dated 30.9.2016 against the said accused persons.
Page No.# 4/4 If we consider the contents of the letter dated 6.3.2019, it is found that necessary investigation was carried out by the Superintendent of Police, Biswanath through the concerned Sootea P.S. On a specific query to Dr. Goswami that the relief sought for in this writ petition for a direction for proper investigation is already complied, Dr. Goswami submits that this writ petition may be closed which is accordingly allowed and this writ petition stands disposed of .
Letter dated 6.3.2019 is kept on record.
JUDGE Comparing Assistant