Page No.# 1/4 GAHC010084352018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2569/2018 MANJU BIBI W/O SRI ANOWAR HUSSAIN R/O SANIADI, P.O. SANIADI, P.S. HAJO DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI - 7. 3:THE SPECIAL DIRECTOR GENERAL OF POLICE CID ASSAM ULUBARI GUWAHATI -7. 4:THE DEPUTY COMMISSIONER KAMRUP (R) ASSAM AMINGAON. 5:THE SUPERINTENDENT OF POLICE Page No.# 2/4 KAMRUP (R) ASSAM 6:SRI AMAR GHOSH THE OFFICER-IN-CHARGE HAJO POLICE STATION KAMRUP (R) ASSAM 7:SMTI. BHANITA DAS S.I. HAJO POLICE STATION HAJO KAMRUP (R) ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MRS. K H CHOUDHURY,MR. L MOHAN,MS F BEGUM Advocate for the Respondent : GA, ASSAM, MR. C CHAKRAVARTY (R7),MR. S BORTHAKUR (R6 & 7),MS. S KAKATI (R6 & 7),MR. N HASAN (R6) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 02.05.2025 Heard Mr. L. Mohan, learned counsel, appearing for the petitioner. Also heard Ms. U. Das, learned Additional Senior Government Advocate, appearing for the respondents No. 1, 2, 3, 4 and 5. 2. None has entered appearance on behalf of the respondents No. 6 and 7. 3. The present writ petition was instituted by the petitioner, herein, praying for a direction upon the respondent authorities to make an enquiry with regard to the action alleged against the respondents No. 6 and 7. Page No.# 3/4 4. The petitioner had alleged that the respondents No. 6 and 7 had in violation of the procedure prescribed, carried out, search operation in her residence and that to without a warrant. The materials brought on record in the writ petition also reveals that a similar complaint was made by the petitioner before the State Police Accountability Commission. 5. Accordingly, this Court vide order dated 30.04.2025, had required the Government advocate to receive instructions as to the decision arrived at by the Commission with regard to the complaint raised before it by the petitioner. 6. Ms. U. Das, learned Additional Senior Government Advocate, appearing for the State respondents, has submitted that basing on the complaint made by the petitioner the commission had registered the case being Case No. SPAC/C/109/SP(KAM)/2018 and on consideration of the issues therein had vide order dated 27/02/2020, proceeded to close the same by holding that no commission of either “misconduct” and or “serious misconduct” within the meaning of Section 78 of the Assam Police Act, 2007, was found established against the respondents No. 6 and 7 herein. 7. It is further contended by Ms. Das, learned Additional Senior Government Advocate, that with regard to the Hajo P.S. Case No. 212/2018, which was registered basing on an FIR lodged by the informant therein against the husband of the petitioner and others, the investigating agency on conclusion of investigation has already submitted a Charge-sheet therein, being Charge-sheet No. 341/2018 dated 31.08.2018. 8. Posed with the above developments taking place in the matter, Mr. L. Mohan, learned counsel for the petitioner, submits, on instructions, that he be permitted to withdraw the present writ petition. 9. Prayer is not opposed to by Ms. U. Das, learned Additional Senior Page No.# 4/4 Government Advocate, appearing for the State respondents. 10. In view of the above the writ petition stands dismissed on withdrawal. JUDGE Comparing Assistant