Page No.# 1/3 GAHC010127622024 2025:GAU-AS:4098 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3309/2024 HABIBUR RAHMAN S/O- MOZIBAR RAHMAN, R/O- VILLAGE- SIMULBARI, P.O- SIMLABARI, P.S- BOGUAN, DIST- GOALPARA, ASSAM, PIN-783101 VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT DISPUR, GUWAHATI-6. 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-07 3:THE SUPERINTENDENT OF POLICE GOALPARA ASSAM PIN-783101 4:THE OFFICER IN CHARGE BOGUAN POLICE STATION DIST- GOALPARA ASSAM PIN-783129 5:NOZRUL ISLAM S/O- MOJER ALI Page No.# 2/3 6:NURJAHAN NESSA W/O- MOJER ALI 7:MORJINA KHATUN D/O- MOJER ALI 8:SHAHJAHAN ALI S/O- HOSSEN ALI 9:MOJER ALI S/O- LATE ABDUL KASHEM THE RESPONDENTS SL NO 5 TO 9 ARE THE R/O VILLAGE BALARBHITA P.S- BOGUAN DIST- GOALPARA ASSSAM PIN-78310 Advocate for the Petitioner : MR. M ALI, MR J. ISLAM Advocate for the Respondent : GA, ASSAM, MR A HAQUE (R-6,7,8,9),MR Z RAHMAN (R- 6,7,8,9),MR. A M KHAN (R-6,7,8,9) BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 04.04.2025 Heard Mr. M Ali, learned counsel for the petitioner. The grievance of the petitioner herein is that, though the petitioner lodged an FIR on 16.05.2024 before the Officer-in-charge of Boguan PS against five accused persons alleging that they had jointly killed the petitioner’s sister for the reason of failure to satisfy their dowry demand, however, no case was registered. It is their contention that though they submitted a complaint against the Officer-in-Charge, Baguan PS before the Superintendent of Police, Goalpara, however, nothing was done. Accordingly the Page No.# 3/3 present writ petition was filed. The respondents have filed an affidavit and submits that in the meantime, Baguan Police Station Case No.39/2024 under section 304(B)/302 IPC was registered and investigated, post mortem was carried out and finally charge sheet was filed against one accused. In view of the aforesaid, the learned counsel for the petitioner submits that for now, no cause of action survives for pursuing this writ petition, however, he submits that the petitioner may be permitted to raise objection against such charge sheet, inasmuch as according to him charge sheet is filed only against one accused person and not against all the accused persons. Be that as it may, nothing survives to be adjudicated in the present writ petition in view of the nature of grievance raised and the facts recorded hereinabove. Accordingly, this writ petition is closed. It is needless to say that the petitioner shall always have a liberty to make objection as permitted under law against not arraying of others accused persons in the charge sheet. JUDGE Comparing Assistant