Gauhati High Court
Mantu Choudhury vs The State Of Assam And Anr on 24 September, 2021
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010154842021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./523/2021
MANTU CHOUDHURY
SON OF SRI PABAN CHOUDHURY,
R/O VILL- BARBARI, JOYPUR, P.S. PATACHARKUCHI,
DIST. BAJALI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP.BY THE PP, ASSAM
2:DEPUTY COMMISSIONER
BAJALI
ASSA
Advocate for the Petitioner : MR J BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
24.09.2021 Heard Mr. A. D. Choudhury, learned counsel appearing for the petitioner in all these cases. Also heard Ms. B. Bhuyan, learned Addl. P.P., Assam, appearing for the State.
Page No.# 2/3 Being aggrieved by the order dated 22.09.2021 passed by the learned Special Judge, Assam, Guwahati, remanding the petitioners to 7(seven) days police custody, the present petitions have been filed by contending that there is absolutely no legal basis for sending the petitioners to police remand and to such extent their fundamental rights has been violated in this case. Mr. Choudhury further submits that the arrest and detention as well as their remand to police custody by the learned court below is wholly unconstitutional and hence, calls for interference by this Court.
After going through the materials available on record, I find that based on an F.I.R., although a case has been shown to have been registered against the petitioners under Sections 120(B)/420/409/467/468/471 IPC read with Sections 7/7(A) of the PC Act, yet, the F.I.R. and the other materials available on record prima-facie do not disclose any ingredients of offences committed under those provisions of the IPC. It is also not clear as to the nature of allegations brought against the petitioners.
At this stage, Ms. B. Bhuyan, learned Addl. P.P., Assam, submits that the three petitioners along with the other accused persons have all been working as land brokers and are connected with various illegal land transactions. Even if such a position is accepted, even then, acting as a land broker does not prima-facie constitute an offence under the I.P.C. or the provisions of the Prevention of Corruption Act unless the same is associated with some activity of criminal nature. At this stage, Ms. Bhuyan prays for time till 27.09.2021 to produce the Case Diary justifying the arrest and detention of the petitioners.
In view of the request of the learned Addl. P.P., Registry is directed to list these petitions again for motion, as fixed items, on 27.09.2021.
Page No.# 3/3 Pendency of these petitions, however, shall not be a bar for the learned trial court to proceed with the matter in accordance with law and pass appropriate orders on merit.
JUDGE Comparing Assistant