BASER ALI AND 3 ORS v. THE STATE OF ASSAM AND 4 ORS
WP(C)/6914/2025 · 2025-12-15
Kalyan Rai Surana, Shamima Jahan
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 24313 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24313 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010259962025
2025:GAU-AS:17448-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6914/2025 BASER ALI AND 3 ORS SON OF SAHEB ALI, RESIDENT OF VILLAGE- HATISHILA MUSLIM PARA, PO- JURIGAON, P.S. LAKHIPUR, DISTRICT- GOALPARA, ASSAM 2: MAZOM ALI SON OF ASMOT ALI RESIDENT OF VILLAGE- HATISHILA MUSLIM PARA PO- JURIGAON P.S. LAKHIPUR DISTRICT- GOALPARA ASSAM 3: SOKER ALI SON OF ABDUL KASHEM RESIDENT OF VILLAGE- ARA BANDHA PO- BHASBARI BAZAR P.S. BAGUAN DISTRICT- GOALPARA ASSAM 4: GAJIBAR RAHMAN SON OF LT. JALA UDDIN RESIDENT OF VILLAGE- ARA BANDHA PO- BHASBARI BAZAR P.S. BAGUAN DISTRICT- GOALPARA ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GAUHATI-6
Page No.# 2/4 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GAUHATI-7 PIN 3:THE SUPERINTENDENT OF POLICE GOALPARA DISTRICT- GOALPARA PIN- 4:THE OFFICER-IN-CHARGE LAKHIPUR POLICE STATION KAKHIPUR DISTRICT- GOALPARA ASSAM PIN- 5:THE INCHARGE RANGJULI POLICE OUTPOST RANGJULI PO- RANGJULI DISTRICT- GOALPARA ASSAM PIN Advocate for the Petitioner : MR. J AHMED, MS A HUSSAIN,S AHMED,J N KHANDAKAR,H G DAISY Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 16.12.2025 (K.R. Surana, J) Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. H.K. Hazarika, learned Junior Govt. Advocate for respondents. Page No.# 3/4
2. This Court by order dated 08.12.2025, requested the learned Govt. Advocate to obtain instructions as to whether the 4 (four) petitioners herein required in connection with any case lodged against them. 3. At the outset, the learned counsel for the petitioner submitted that he has made a mistake in referring to the Rangjuli Police Out Post in the writ petition which should have been Rongsai Police Out Post. 4. The learned Govt. Advocate has produced a copy of written instruction dated 12.12.2025 along with 6 (six) page enclosures wherein it has been projected that one Rejia Khatun, the complainant had lodged an FIR on 15.09.2025, alleging that during the night of 14.09.2025, unknown miscreants had stolen 4 (four) number of cattle from her cow shed. Accordingly, G.D. Entry, being Rongsai OP GDE No. 274 dated 15.09.2025 was registered. In course of enquiry the Investigating Officer had visited the house of petitioner no.
1 and 2 and 4 others for the purpose of making an enquiry without intending to arrest them. After preliminary enquiry, the I.O. returned to the Police Out Post and made entry in General Diary Entry No. 276 dated
15.09.2025. It is also projected that the complainant, in her statement had accused all the 4 (four) petitioners of being involved in the incident of a cattle theft. 5. As per the said instruction, the I.O. never visited the house of the petitioner no. 3 and 4 nor they were called to the Police Out Post. 6. It has also been stated that the subsequent Investigating Officer, on finding offence to be cognizable, forwarded the complaint petition to the Lakhipur Police Station. Page No.# 4/4
7. In view of above as it is disclosed in the police investigation that the petitioner no. 1 and 2 were subjected to police enquiry pursuant to the General Diary Entry referred above, and the fact that the FIR lodged on 15.09.2025 has been entered as GDE no. 274 of Ronsai Police Out Post dated 15.09.2025, the Court is of the considered opinion that no fruitful purpose would be served in keeping the matter pending
8. Accordingly, this matter stands closed with liberty to the petitioner to take such steps if may be so advised. 9. Instructions produced are kept as a part of record. JUDGE JUDGE Comparing Assistant