Gauhati High Court
Md. Abdul Haye vs The State Of Assam And Ors on 1 February, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010106222011
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 498/2011
1:MD. ABDUL HAYE
S/O MD SAHJAHAN ALI VILL- GARIGAON, P.S. JALUKBARI, DIST. KAMRUP
M, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ORS
REP. BY THE CHIEF SECY, TO THE GOVT. OF ASSAM, ASSAM
SECRETARIAT, DISPUR, GHY-6.
2:THE DISTRICT TRANSPORT OFFICER
KAMRUJP
GHY-34.
3:THE OFFICER IN-CHARGE
BOKO POLICE STATION
BOKO
DIST. KAMRUP
ASSAM.
4:THE ROYAL SUNDARAM ALLIANZ INSURANCE CO. LTD.
DISPUR
GHY-6
REP. BY ITS BRANCH MANAGER
5:SRI GAURI LAHKAR
INVESTIGATING OFFICER OF BOKO POLICE STATION CASE NO. 189/10
OFFICE OF THE BOKO P.S.
BOKO
DIST. KAMRUP
ASSAM.
6:SRI HOMEN DAS
Page No.# 2/3
MOTOR VEHICLE INSPECTOR
OFFICE OF THE DIST. TRANSPORT OFFICER
KAMRUP R and T
GHY-34.
7:SRI JITEN DAS
S/O LT. GOPAL DAS R/O GEETANAGAR SANKAR PATH
P.S. GEETANAGAR
GHY-21. DIST. KAMRUP M
ASSAM.
8:SRI HAREN TALUKDAR
S/O G TALUKDAR VILL- BAHARIHAT
P.S. TARABARI
DIST. BARPETA
ASSAM.
9:SRI MANASH DAS
S/O MAHENDRA CHANDRA DAS
VILL- GARIGAON
BHUKUNDA
P.O. GARIGAON
P.S. JALUKBARI
DIST. KAMRUP M
ASSAM.
10:SMTI PRAMILA RABHA
W/O LT. HOBERAM RABHA
VILL- DALANG MALANG
P.S. PALASHBARI
DIST. KAMRUP
ASSAM
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 01.02.2019 Heard Mr. D.A. Kaiyum, learned counsel for the petitioner as well as Mr. R. Goswami, Page No.# 3/3 learned counsel for respondent No.4, Mr. I.C. Deka, learned counsel for the respondent No.5 and Mr. P. Sarma, learned counsel for respondent No.6.
Having seen that by order dated 19.12.2018, this Court had recorded that the authorities have moved the competent authority for obtaining sanction to prosecute one Police Officer as well as one MVI and having regard to the prayer made in this writ petition, this Court is of the prima-facie view that the second prayer made in this writ petition for issuance of a direction to the respondents to drop the name of the petitioner from the proceedings of MAC Case No. 1760/2010 on the ground of mis-joinder of parties ought not to be passed in the writ proceeding, but this matter can be agitated and heard before the jurisdictional MACT for hearing the said matter.
As it is seen that by virtue of order dated 31.01.2011, the proceedings of MAC Case No. 1760/2010 pending before the Addl. District Judge (FTC-I), Guwahati has been stayed, this Court is inclined to relegate the petitioner to approach the MACT-cum- Addl. District Judge (FTC-I), Guwahati on 18.02.2019 to file an appropriate application before the said learned Tribunal for striking out of the name of the petitioner by showing the cause. Upon such application being filed, the learned M.A.C. Tribunal is directed to expeditiously hear the parties and dispose of the said application before taking up the adjudication of the said MAC Case No. 1760/2010 on merit.
Accordingly, the earlier order dated 31.01.2011 passed in this writ petition stands partly modified.
The matter stands adjourned for 4(four) weeks to enable the learned Govt. Advocate to produce up-to-date instruction as to whether the competent authorities have granted sanction to prosecute the concerned Police Officer and the MVI.
List on 06.03.2019 in the admission column.
JUDGE Comparing Assistant