Page No.# 1/3 GAHC010258762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6820/2025 SRI RUSTAM SHAH S/O- LATE WAKIL SHAH R/O VILL- JORTOKBI P.O. KHATKHATI P.S. KHATKHATI DISTRICT- KARBI ANGLONG, ASSAM PIN CODE- 782480 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER SECRETARY GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR GENERAL OF POLICE HEADQUARTER ULUBARI GUWAHATI-07. 3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMINISTRATION) POLICE HEADQUARTER ULUBARI GUWAHATI-07 4:THE SUPERINTENDENT OF POLICE KARBI ANGLONG P.O. P.S. DIPHU DISTRICTKARBI ANGLONG ASSAM PIN CODE- 782460 5:THE OFFICER IN CHARGE KHATKHATI POLICE STATION P.O. P.S. KHATKHATI DISTRICTKARBI ANGLONG ASSAM PIN CODE- 782480 Page No.# 2/3 6:SRI SURYA BORAH THE OFFICER-IN-CHARGE KHATKHATI POLICE STATION P.O. P.S. KHATKHATI DISTRICTKARBI ANGLONG ASSAM PIN CODE- 782480 7:DORSON KRO S/O- BALIRAM KRO R/O- KHATKHATI P.S. KHATKATI DISTRICT- KARBI ANGLONG ASSAM PIN CODE- 78248 Advocate for the Petitioner : MR R S CHAUHAN, MS. D CHAUHAN Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 03.12.2025 Heard Mr. R.S. Chauhan, learned counsel for the petitioner and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 1-5. 2. The petitioner has instituted this writ petition under Article 226 of the Constitution of India stating that he lodged a First Information Report [FIR] before the Officer-in-Charge, Khatkhati Police Station, at first, on 05.11.2025. When the said FIR was not registered, the petitioner submitted an application before the Superintendent of Police, Karbi Anglong, Diphu on 15.11.2025 to direct the Officer-in-Charge, Khatkhati Police Station to register the FIR dated 05.11.2025 and to investigate into the allegation made in the FIR. Subsequently, the petitioner also approached the Director General of Police, Assam on 17.11.2025 by submitting a Representation. 3. This writ petition is preferred seeking inter-alia direction to the respondents to register the FIR dated 05.11.2025 and to investigate into the allegations made in the FIR. Page No.# 3/3 4. Mr. Chauhan, learned counsel for the petitioner has submitted that subsequently, on approach being made and as directed by the jurisdictional Sub-Divisional Judicial Magistrate, Bokajan has registered the FIR lodged by the petitioner has been registered and an investigation has been initiated. He has submitted that the investigation appears to be tardy and perfunctory. 5. As the petitioner has preferred the writ petition only seeking a direction to the respondents to register the FIR dated 05.11.2025, the subject-matter of the writ petition has become infructuous in view of registration of the FIR. As regards the petitioner’s allegation regarding tardy and perfunctory nature of investigation, a law is settled that the jurisdictional Magistrate has the power and jurisdiction to ensure proper investigation into the alleged offence and if he deems it necessary, he can also recommend for the change of Investigating Officer, so that a proper investigation is done. In addition, the jurisdictional Judicial Magistrate can also monitor the investigation. 6. In such view of the matter, as the petitioner has the remedy of approaching the jurisdictional Magistrate as regards the nature of investigation, no further direction is called for. It is open for the petitioner to approach the jurisdictional Magistrate seeking appropriate remedy. JUDGE Comparing Assistant