Page No.# 1/4 GAHC010144832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/217/2025 EKLAVYA MODEL RESIDENTIAL SCHOOL. DALBARI, DIST. BAKSA, ASSAM, REPRESENTED BY ITS PRINCIPAL SRI ANGELUS BAXLA, 54 YEARS, S/O LATE KETRA BAXIA, R/O VILL. PUB BARAMCHARI, P.O. BARIMAKHA, P.S. BARBARI, DIST. BAKSA, ASSAM. VERSUS THE UNION OF INDIA AND 10 ORS REPRESENTED BY THE SECY., MINISTRY OF TRIBAL AFFAIRS, 416, 4TH FLOOR, B WING, SHASTRI BHAWAN, NEW DELHI 110001 2:THE COMMISSIONER NATIONAL EDUCATION SOCIETY FOR TRIBAL STUDENTS (NESTS) GATE NO. 3A JEEVAN TARA BUILDING PARLIAMENT STREET NEW DELHI 110001 3:THE SECRETARY TRIBAL AFFAIRS (PLAIN) DEPTT DISPUR GUWAHATI 06 4:THE DIRECTOR TRIBAL AFFAIRS (PLAIN) RUKMINI NAGAR GUWAHATI 06 5:THE MANAGING DIRECTOR Page No.# 2/4 ASSAM PLAINS TRIBES DEVELOPMENT CORPORATION LTD. (APDCL) GANESHGURI GUWAHATI 05 6:THE ADDL. CHIEF ENGINEER CUM DIRECTOR PWD BTC KOKRAJHAR 783370 7:THE SUPERINTENDING ENGINEER PWD BUILDING CIRCLE KOKRAJHAR 783370 8:THE EXECUTIVE ENGINEER PWD UDALGURI AND BAKSA DIST. TERRITORIAL BILDING DIVISION UDALGURI PIN 784509 9:BODOLAND MODEL TRIBAL EDUCATION SOCIETY REPRESENTED BY ITS MEMBER SECRETARY REGN NO. RS/BAK/260/E/48 P.O. DALBARI DIST. BAKSA ASSAM PIN 781333 10:THE SPECIAL DGP CID ASSAM ULUBARI GUWAHATI 781007 11:THE SUPERINTENDENT OF POLICE BAKSA ASSAM Advocate for the Petitioner : MR. S BANIK, MR. K D SARMA,MR H TALUKDAR Page No.# 3/4 Advocate for the Respondent : GA, ASSAM, MR. P S BHATTACHARYYA(C.G.C(R- 1,2)),DY.S.G.I.,SC, WPT AND BC,SC, BTC BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 01.08.2025 (Ashutosh Kumar, CJ) Heard Mr. S. Banik, learned counsel for the appellant and Mr. R. Dhar, learned Standing Counsel, WPT & BC Department, Assam and Mr. K. Kalita, learned counsel for the respondents. 2. By the impugned order dated 23.06.2025, a learned Single Judge of this Court directed the respondent No.10/the Special DGP, CID, Assam, Ulubari, Guwahati to register a case against the school, viz., Eklavya Model Residential School, Dalbari in the district of Baksa, which perhaps was being run by an unauthorised person viz., Sri Angelus Baxla. 3. The learned counsel for the appellant apprehends that with such observation that it constitutes a case of cheating, the police after registering the F.I.R. would take it as an open and shut case and would hold Sri Angelus Baxla and the School guilty, which would not be a fair investigation. 4. In our estimation, such an apprehension is unfounded. In fact, Page No.# 4/4 only in order to verify whether the school was being run by an unauthorised person, F.I.R. has been directed to be registered. Before giving such direction, the learned Single Judge was careful in asking for a report from the Special Superintendent of Police (Crime against Women and Children), CID, Assam and the letters issued by the NESTS, which was also circulated to the lawyer for the appellant. 5. We do not think it to be necessary to interfere with such a direction passed by the learned Single Judge in this appeal; but we close this appeal with the liberty to the appellant to approach the learned Single Judge, who is still in seisin of the case, to clarify that any observation made in the order passed by the learned Single Judge would not come in the way of the Police investigating the matter fairly. 6. The appeal stands closed. JUDGE CHIEF JUSTICE Comparing Assistant