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2025 DAILYLAW 26837 (GAU)

MD SAIFUDDIN AHMED v. THE STATE OF ASSAM AND 2 ORS.

Crl.Pet./1337/2025 · 2025-11-06

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010240322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1337/2025 MD SAIFUDDIN AHMED S/O LATE SAMSHER UDDIN AHMED R/O VILL. DIPHU, RONGMIRDAN, P.O.- KARBIANGLONG, PS DIPHU DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE P.P., ASSAM 2:ASSAM RIFLE COMMANDING OFFICER GHASPANI PO GHASPANI NAGALAND PIN 79716 3:BIMAL SINGH SAMRAT S/O ANN SINGH SAMRAT GHASPANI NAGALAND PO GHASPANI NAGALAND PIN 79716 Advocate for the Petitioner : MR A ALI, MS. M KHATUN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 07.11.2025 1. Heard Mr. A. Ali, the learned counsel for the petitioner. 2. This application under Section 528 of BNSS, 2023 read with Article 227 of the Constitution of India has been filed by the petitioner namely, Md. Saifuddin Ahmed, praying for a direction to the respondent No. 2, i.e., Assam Rifles for furnishing the final order in respect of the proceeding conducted in terms of order dated 15.12.2020 passed in C.R. Case No. 01/2018 whereby the matters pertaining to the complaint filed by the present petitioner who in respect of the allegations levelled in C.R. Case No. 01/2018 was handed over to the Deputy Inspector General of the Assam Rifles Headquarters 6 Sector under Section 475 of the Code of Criminal Procedure. 3. The learned counsel for the petitioner has submitted that by an order dated 28.06.2022 passed in C.R. Case No. 01/2018, it was directed that in cases of receipt of intimation regarding the matter concerning the complaint filed by the petitioner received from Deputy Inspector General of Assam Rifles the petitioner would be intimated about the same. Page No.# 3/4 4. The learned counsel for the petitioner has submitted that when no intimation was received by the petitioner, the petitioner had submitted a letter on 04.12.2023 to the Deputy Inspector General Assam Rifles 6 Sector Headquarter for knowing the final outcome of the order passed by the authorities of Assam Rifle in respect of the complaint filed by the present petitioner, however, by order dated 08.05.2024, it was intimated to the petitioner by the concerned Officer of the Headquarter Six Sector Assam Rifles that as the 41 Assam Rifles has already moved out of the sector Headquarters, hence the further correspondence was requested to be made with the unit concerned. 5. It appears that the authorities of Assam Rifles by letter dated 08.05.2024, has not rejected the application filed by the present petitioner for knowing about the final outcome of the complaint filed by the present petitioner, what was informed is only regarding movement of the 41 Assam Rifle unit of the sector Headquarters, and therefore, a request was made to the petitioner to approach the concerned unit. 6. This Court is of the considered opinion that in light of the reply given by the Assam Rifles authorities by letter dated 08.05.2024, this case is not a fit case for exercising this Court’s jurisdiction under Section 528 of BNSS, 2023. 7. Accordingly, this Criminal Petition is disposed of with an observation that as requested by the authorities of Assam Rifles by their letter dated 08.05.2024, the petitioner may approach the Page No.# 4/4 concerned unit of Assam Rifles i.e., 41 Assam Rifles to get the information regarding the final outcome of the complaint filed by him before the Court of learned CJM, Karbi Anglong, Diphu, which was later on handed over to the Assam Rifles under the provisions of Section 475 of the Criminal Code of Procedure. 8. This Criminal Petition is accordingly, disposed of. JUDGE Comparing Assistant