Page No.# 1/4 GAHC010108182018 2026:GAU-AS:10272 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3405/2018 SAJID KHAN S/O YAKUB KHAN H. NO. 21, MINHAZ PATH, SIJUBARI, HATIGAON P.S. HATIGAON, DIST. KAMRUP (M), ASSAM PIN 781038. VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER OF POLICE GUWAHATI CITY DIST.KAMRUP (M) ASSAM PIN - 781001. 3:THE OFICER IN CHARGE OF BHARALUMUKH P.S. P.O. AND P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM 4:THE GENERAL MANAGER ICIC LOMBARD GENEAL INSURANCE CO. LTD. ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG. NEAR SIDDHI VINAYAK TEMPLE PARBHADEVI MUMBAI- 400025. Page No.# 2/4 5:SRI GHANAKANTA BORAH INSPECTOR OF POLICE (O.C. OF BHARALUMUKH POLICE STATION IN 2014) R/O - BASONA GHAT NEAR BANK OF BARODA P.O. - MORIGAON P.S.- MORIGAON DIST.-MORIGAON ASSAM PIN. - 782105 6:SRI JITEN KUMAR SUB INSPECTOR OF POLICE (INVESTIGATING OFFICER BHARALUMUKH P.S. CASE NO. 352/2014) R/O - GOTANAGAR PNGB ROAD NEAR GOTANAGAR HOSPITAL P.O. - MALIGAON P.S. - JALUKBARI DIST.- KAMRUP (M) ASSAM PIN. 78101 For the Petitioner(s) : Ms. Teroonpi, Advocate For the Respondent(s) : Mr. N. Das, Govt. Advocate Ms. M. Saikia, Advocate Ms. L. Wangla, Advocate Mr. B. K. Das, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 27.07.2026 Heard Ms. H. Teronpi, the learned counsel appearing on behalf of the Petitioner. Mr. N. Das, the learned counsel appears Page No.# 3/4 on behalf of the Respondent Nos.1, 2 & 3; Ms. M. Saikia, the learned counsel appears on behalf of the Respondent No.4; Ms. L. Wangla, the learned counsel appears on behalf of the Respondent No.5 and Mr. B. K. Das, the learned counsel appears on behalf of the Respondent No.6. 2. The present writ petition has been filed by the Petitioner being aggrieved by the Final Report No.15/15 dated 28.01.2015 as well as the order dated 22.11.2017 of Bharalumukh P.S. Case No.352/2014. The Petitioner has also sought for a direction upon the Respondent No.3, i.e. the Officer-in-Charge of the Bharalumukh Police Station to further investigate the Bharalumukh P.S. Case No.352/2014 and submit the report in Final Form. In addition to that, the Petitioner has also sought for a direction upon the Respondent Insurance Company to entertain the insurance claim in respect to the stolen vehicle bearing registration No.AS-01-BG6533. 3. This Court has duly perused the reliefs which have been sought for and in the opinion of this Court, the Petitioner has wrongly approached this Court in as much as if the Petitioner was aggrieved by the Final Report No.15/15 dated 28.01.2015 as well as the order dated 22.11.2017, the Petitioner ought to have approached the concerned jurisdictional Magistrate. In so far as seeking a direction upon the Respondent No.3 to further Page No.# 4/4 investigate Bharalumukh P.S. Case No.352/2014, the Petitioner ought to have approached the concerned jurisdictional Magistrate. In so far as the entertaining of the Petitioner's insurance claim in respect to the stolen vehicle bearing registration No.AS-01-BG-6533, the Petitioner ought to have approached either the Insurance Ombudsman or if so aggrieved before the competent Civil Court/the Consumer Forum. The public law remedy could not have been invoked by the Petitioner taking into account that statutory remedies are available. 4. Accordingly, this Court does not find any ground for proceeding with the instant writ petition for which the writ petition stands dismissed. 5. Dismissal of the instant writ petition, however, shall not preclude the Petitioner to avail the statutory remedies, if so advised and permissible under the law. JUDGE Comparing Assistant