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2025 DAILYLAW 9394 (GAU)

MRINMOY DE v. THE UNION OF INDIA AND 6 ORS.

WP(C)/1854/2020 · 2025-08-03

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010057542020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1854/2020 MRINMOY DE S/O- LT. DR. PARITOSH CH. DEY, R/O- ARATI PLAZA, OPP. COMMERCE COLLEGE, CHANDMARI, GUWAHATI, DIST- KAMRUP(M), PIN- 781003, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, NEW DELHI- 1. 2:THE STATE OF ASSAM REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY.-06. 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY.-7. 4:THE CENTRAL BUREAU OF INVESTIGATION REP. BY ITS DIRECTOR 5/B 6TH FLOOR LODHI ROAD JAWAHARLAL NEHRU STADIUM MARG CGO COMPLEX NEW DELHI- 110003. 5:THE JT. DIRECTOR CENTRAL BUREAU OF INVESTIGATION KOLKATA DF BLOCK Page No.# 2/4 SECTOR-1 CGO COMPLEX SALT LAKE KOLKATA- 700064. 6:THE SUPDT. OF POLICE CBI ECONOMIC OFFENCES-IV DF BLOCK SECTOR-1 CGO COMPLEX SALT LAKE KOLKATA- 700064. 7:THE INSPECTOR OF POLICE CBI ECONOMIC OFFENCES-IV DF BLOCK SECTOR-1 CGO COMPLEX SALT LAKE KOLKATA- 700064 Advocate for the Petitioner : MR. P N GOSWAMI, MR. R R Gogoi,MR. I KALITA Advocate for the Respondent : ASSTT.S.G.I., SC, CBI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 04.08.2025 Heard Shri D. Gogoi, learned counsel for the petitioner. Also heard Ms. M. Kumari, learned counsel for the CBI and Shri J. Handique, learned counsel for the State respondents. The cause of action espoused in this petition filed in the year 2020 was with regard to a proceeding wherein summons were issued to the petitioner along with that of the Proprietor of a daily newspaper by the CBI. The petitioner Page No.# 3/4 has alleged that there was a misuse of power and only with an intention to harass such summons have been issued. When this matter was considered on 06.03.2020, this Court was apprised of the earlier case involving the Proprietor of the Establishment. The matter was accordingly directed to be listed on 22.04.2020. However, the matter was listed on 14.10.2020, thereafter when this Court was apprised that due to the ongoing lockdown at that time connected to COVID, the petitioner could not appear on the date fixed which was on 24.03.2020. After hearing the parties, while notice was issued, the interim order passed earlier on 06.03.2020 was extended subject to the conditions that the petitioner appears before the authority on receipt of summons. Shri Gogoi, the learned counsel has submitted that in the meantime, the petitioner has appeared before the CBI and his statement has been recorded. He has also placed before this Court copy of an order dated 30.07.2024 in a writ petition instituted by the proprietor in WP(C)/9282/2019 whereby the said writ petition along with two other writ petitions were disposed of by observing that the petitioner would be at liberty to approach the appropriate Court in the circumstance when the respondents take any steps which is contravention to the existing law. Ms. M. Kumari, the learned counsel for the CBI has submitted that in this case, the charge-sheet has been filed followed by a supplementary charge- sheet. She has also informed that since the magnitude of the offence is huge, further investigation under Section 173 (8) of the Cr.P.C. is going on which is in accordance with the order of the directive of the Hon’ble Supreme Court. In view of the aforesaid development and the earlier order dated Page No.# 4/4 30.07.2024 in similar writ petitions, the instant petition is closed. It is needless to observe that in case of any violation of the procedures of law by the authority in conducting the proceeding, the petitioner will have the right to approach the appropriate forum. Interim order passed earlier stands vacated. Writ petition stands closed. JUDGE Comparing Assistant