Gauhati High Court
Mozibar Rahman vs The State Of Assam And 4 Ors on 19 March, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010183342021
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5880/2021
MOZIBAR RAHMAN
S/O LATE ABDUL HAMID,
RESIDENT OF VILLAGE SAGOLIA PART II, PO SAGOLIA, PS GOLAKGANJ,
DIST DHUBRI, ASSAM, 783335
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HOME DEPARTMENT, DISPUR GUWAHATI 781001
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI 07
3:THE SUPERINTENDENT OF POLICE
DHUBRI
ASSAM
PO
AND DIST DHUBRI
783301
4:THE OFFICER IN CHARGE
GOLAKGANJ POLICE STATION
PO GOLAKGANJ
ASSAM
783334
5:THE OFFICER IN CHARGE
SAGOLIA POLICE OUT POST
PO GOLAKGANJ
DIST DHUBRI
ASSAM 78333
Page No. 2/3
Advocate for the Petitioner : MR. M A MONDAL, S I AKAND,MR M RANA
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 19-03-2025 Heard Mr. M.A. Mandal, learned counsel for the petitioner and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for all the respondents.
2. The petitioner has approached this Court seeking inter-alia a direction to the respondents to take necessary actions in connection with Golokganj Police Station Case no. 557/2020 and Golokganj Police Station Case no. 1134/2020, cases which were registered on the basis of First Information Reports [FIRs] lodged by the petitioner as the informant.
3. An affidavit-in-opposition has been filed on behalf of the respondent no. 3, that is, the Superintendent of Police, Dhubri.
4. From the affidavit-in-opposition, it is noticed that on receipt of an FIR from the informant-petitioner, the same was registered as Chagolia Police Outpost General Diary Entry no. 476 on 29.06.2020; and thereafter, the FIR was forwarded to the Officer In- Charge, Golokganj Police Station for registering a case under proper sections of law. On receipt of the FIR, the Officer In-Charge, Golokganj Police Station registered the same as Golokganj Police Station Case no. 557/2020 under Sections 143/147/148/149/447/324/ 323/448/427/506, Indian Penal Code [IPC]. After causing investigation into the case, a charge-sheet under Section 173[2], CrPC was submitted vide Charge-Sheet no. 274 dated 29.07.2020 finding a prima facie case against the accused persons, named therein, for commission of the offences under Section 341/351/34, IPC.
Page No. 3/34.1. In the similar manner, on the basis of another FIR lodged by the petitioner as the informant on 01.11.2020, Chagolia Police Outpost entered the FIR in the General Diary vide General Diary entry no. 423 dated 24.11.2020 and thereafter, the FIR was forwarded to the Officer In-Charge, Golokganj Police Station for registering a case under proper sections of law. On receipt of the FIR, the Officer In-Charge, Golokganj Police Station registered the same as Golokganj Police Station Case no. 1134/2020 under Sections 120B/341/294/325/379/506, IPC and started investigation into the case. After completion of investigation, a charge-sheet under Section 173[2], CrPC was submitted vide Charge- Sheet no. 572 on 31.12.2020 against two accused persons, named therein, finding a prima facie case for commission of the offences under Sections 341/294/352/506/34, IPC.
5. In view of such subsequent developments, as stated in the affidavit-in-opposition of the respondent no. 3, it appears that the reliefs sought for by the petitioner in this writ petition have been effectively addressed.
6. Mr. Mandal, learned counsel for the petitioner has submitted that in view of the above developments, the petitioner would not have any further cause of action to pursue the writ petition.
7. As both the cases, Golokganj Police Station Case no. 557/2020 and Golokganj Police Station Case no. 1134/2020 have already resulted into charge-sheets, there is no further issue to be adjudicated in this writ petition and the writ petition is accordingly, closed.
JUDGE Comparing Assistant