PARBIN SULTANA BEGUM LASKAR v. THE STATE OF ASSAM AND OTHRS
WP(C)/2873/2026 · 2026-07-26
Devashis Baruah
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11256 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11256 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010102332026
2026:GAU-AS:10284
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2873/2026 PARBIN SULTANA BEGUM LASKAR W/O. LATE BAKTAR UDDIN LASKAR, R/O. ALAKALULIPUL, BADARPUR,NEAR CAR PLAZA, P.O. -BADARPUR GHAT, P.S. BADARPUR, PIN CODE - 788803, DISTRICT SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND OTHRS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR,GUWAHATI -781006 2:THE DIRECTOR GENERAL POLICE ASSAM ULUBARI GUWAHATI - 781007 3:THE SUPERINTENDENT OF POLICE SRIBHUMI P.O. AND P.S. SRIBHUMIDISTRICT SRIBHUMI ASSAM. 4:THE OFFICER IN CHARGE BADARPUR POLICE STATION P.O. AND P.S. BADARPURDISTRICT SRIBHUMI ASSAM. 5:THE OFFICER IN CHARGE
Page No.# 2/4 JAMIRA POLICE STATION JAMIRA DISTRICT HAILAKANDI ASSAM. 6:MD LIAQUAT AHMED
S/O. LATE ABDUL KHALEQUE R/O. VILLAGE BADARPUR KHADIMAN P.O. BADARPURGHAT P.S. BADARPUR DISTRICT HAIKAKANDI ASSAM.PIN CODE 78880 For the Petitioner(s) : Ms. S. Kanungoe, Advocate
For the Respondent(s) : Mr. N. Das, Govt. Advocate Mr. A.M.S. Mazumder, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 27.07.2026
Heard Ms. S. Kanungoe, the learned counsel appearing on behalf of the petitioner. Mr. N. Das, the learned Government Advocate appears on behalf of the respondent Nos. 1 to 5 and Mr. A.M.S. Mazumder, the learned counsel appears on behalf of the respondent No. 6. 2. The petitioner, being aggrieved by the non-registration of the FIR submitted to the Officer-in-Charge, Badarpur Police
Page No.# 3/4 Station against the respondent No. 6, as well as a copy thereof having been sent to the Superintendent of Police, Sribhumi, which has not been acted upon, has approached this Court by filing the present writ petition. 3. It is the opinion of this Court that the issue involved in the present proceedings is squarely covered by the judgment of the Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh & Others reported in (2008) 2 SCC 409, wherein the Supreme Court categorically observed that proceedings of the present nature ought not to be entertained in exercise of the jurisdiction under Article 226 of the Constitution, inasmuch as the provisions of Section 156(3) of the Code of Criminal Procedure, 1973, which corresponds to Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are the provisions under which the person aggrieved ought to approach the concerned jurisdictional Magistrate. 4.
4. Considering the above, this Court is not inclined to entertain the instant writ petition on account of availability of statutory remedies. Accordingly, the instant writ petition is not entertained. 5. The dismissal of the instant writ petition shall not bar the petitioner from approaching the concerned jurisdictional Magistrate by filing an application under Section 175(3) of the
Page No.# 4/4 Bharatiya Nagarik Suraksha Sanhita, 2023, if so advised. JUDGE Comparing Assistant