Gauhati High Court
Tridip Kalita vs The State Of Assam Rep. By The Home ... on 25 September, 2019
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010229002019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7057/2019
1:TRIDIP KALITA
S/O. LT. TARUN CH. KALITA, R/O. HOUSE NO.25, PURNODAI SANGHA
PATH, BAMUNIMAIDAM, GUWAHATI, P.O. BAMUNIMAIDAM, P.S.
CHANDMARI, DIST. KAMRUP (M), ASSAM, PIN-781021.
VERSUS
1:THE STATE OF ASSAM REP. BY THE HOME COMMISSIONER TO THE
GOVT. OF ASSAM, DISPUR, GUWAHATI-781006.
2:THE DY. COMMISSIONER
KAMRUP (M) GUWAHATI-781001 ASSAM.
3:THE COMMISSIONER OF POLICE
KAMRUP (M) PANBAZAR GUWAHATI-781001 ASSAM.
4:THE OFFICER IN CHARGE
DISPUR POLICE STATION GUWAHATI-781006 KAMRUP (M) ASSAM.
5:JYOTI MILI
SUB-INSPECTOR DISPUR POLICE STATION GUWAHATI-781006
KAMRUP (M) ASSAM.
6:ICHCHAPURON RESTAURANT
1ST FLOOR BEE KAY TOWER DR. R.P. ROAD GANESHGURI DISPUR
GUWAHATI-781006 KAMRUP (M) ASSAM.
7:NISHITA GOSWAMI
W/O. MR. SAYAN CHAKRAVARTY
PROPRIETOR OF INCHCHAPURON RESTAURANT R/O. REGENT PARADICE
1E BLOCK 8TH FLOOR GHORAMARA ROAD GUWAHATI-781028 DIST.
KAMRUP (M) ASSAM P.S. HATIGAON
Advocate for the Petitioner : MR G UZIR
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE THE CHIEF JUSTICE (ACTING)
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 25-09-2019 [A.K. Goswami, CJ (Acting).] Heard Ms. P. Devi, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned State counsel, appearing for the respondent Nos.1 to 4.
An ejahar was lodged by the respondent No.7 on 31.08.2019 before the Officer-in- Charge of Dispur Police Station stating that a video had been made by some miscreants showing the rice of the restaurant of the informant as plastic rice, which would tarnish the reputation of the restaurant. Accordingly, request was made to investigate into the matter and bring the culprits to book. Resultantly, Dispur Police Station Case No.2260/2019 under Section 66 of the I.T. Act was registered.
It appears that the petitioner was called to the Police Station on 11.09.2019. A notice under section 41-A of the Cr.PC was also handed over to him on that day directing him to appear again on 15.09.2019 at 10:00 AM. The petitioner did not report but an application was sent through the counsel praying for 10(ten) days' time due to his ill health.
The medical certificate annexed to the present petition goes to show bed rest was granted on 14.09.2019 for 10(ten) days. The present petition was filed on 17.09.2019.
By this petition, the petitioner, amongst others, prays for action against respondent Nos.5 and against respondent No.7 for violation of the Food Safety and Standards Act, 2006 and supplying spurious food stuff and to cause an enquiry about the quality of food stuff prepared in the restaurant of the respondent No.6. Prayer is also made to quash the FIR dated 31.08.2019 and to look into the incidents that took place on 11.09.2019 and 15.09.2019.
On a query raised by the Court, Ms. Devi has submitted that sample of rice was not retained by the petitioner and the same was also not sent to any authority for examination and analysis.
Ms. Devi has submitted that the petitioner was subjected to mental harassment, humiliation and verbal abuse by the respondent No.5 for shooting the video and that his mobile phone was snatched away and though the same was returned later on, the screen was broken.
Page No.# 3/3 Mr. Chutia, on instructions, submits that the mobile phone of the petitioner was seized in presence of witnesses and later on, given on zimma to the petitioner with instruction to produce as and when called upon.
Having regard to the materials on record, we are not inclined to exercise our discretion under Article 226 of the Constitution of India. The petitioner, however, may avail any other remedy in accordance with law.
With the above observation, the writ petition stands disposed of. No cost.
Sd/- Sd/-
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant