Page No.# 1/4 GAHC010031822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/513/2026 SRI BISWAJIT PRASAD ALIAS BISHWAJ IT PRASAD S/O- SRI DHARAM NATH PRASAD, R/O- SATYANARAYAN APARTMENT, S DOHUTIA KALIBARI TEMPLE, WARD NO. 13, TINSUKIA, P.O., P.S. AND DIST. TINSUKIA, ASSAM, PIN- 786125. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM 2:THE SUPERINTENDENT OF POLICE TINSUKIA DIST. TINSUKIA ASSAM 3:MANABENDRA DAS DEPUTY SUPERINTENDENT OF POLICE TINSUKIA POLICE STATION DIST. TINSUKIA ASSAM 4:ANISHA MALLAH D/O- SRI RAJDHARI PRASAD MALLAH R/O- 4 NO. KAKOJAN PHILLOBARI P.S. PHILLOBARI DIST. TINSUKIA ASSA Advocate for the Petitioner : MR. A K GUPTA, MR. R S MISHRA Advocate for the Respondent : MR. D NATH, MR. A HASAN (R-4),MR. N HASAN(R-4),MR. I K BURAGOHAIN (R-4),MR. S S ROY (R-3),MR. SHYAM PAREEK (R-3) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date :19.03.2026 The learned counsel appeared for the applicant. The learned counsel appearing on behalf of Mr. D. Nath learned Senior Government Advocate. 2. The interlocutory application has been filed praying for leave to amend the writ petition by allowing the petitioners/applicants to add the statements made at para-3 of the instant application as para-21A to 21E as well as to allow modification of the prayer made in the writ petition to the extent that is reflected in para-4 of the instant application. The relevant paragraphs are quoted below: “21A. That, as per the mandate provided under Rule 7(2) of the Rules, 1995, the investigation of the instant case ought to have been completed and the Final Form ought to have been submitted by the Investigating officer on or before 08.10.2025. However, on 15.10.2025, the Investigating Officer submitted prayer before the learned trial court for extension of time for completion of investigation but the learned trial court vide order dated 15.10.2025 was pleased to reject the said prayer for extension and directed the Investigating officer to submit the Final Form on 31.10.2025. 21B. That, inspite of rejection of the prayer for extension of time for completing the investigation and direction to submit the Final Form on 31.10.2025 the respondent no.3 failed to submit Final Form on 31.10.2025 and Page No.# 3/4 also unauthorizely continued with the investigation of the case thereafter and ultimately, the Respondent No. 3 without doing fair and unbiased investigation on 18/11/2025 submitted Chargesheet vide Chargesheet No. 358 against the applicant/petitioner under section 78/351 (2) of BNS, 2023 read with Section 3(1)(r)/3(1)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 21C. 21C. That on coming to know about filling of the aforesaid Chargesheet, the applicant on 25/11/25 filed one Petition under section 175 (3) of BNSS 2023 read with Rule 7 (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rule, 1995 Praying among others for striking down/exclude /expunge /disregard all statements, documents, materials seizures, enquiries after expiry of the statutory 60 days Period from the date of lodging F.I.R. (i.e 08/10/2015 being the cut of date) and may Pass direction that such materials shall not form part of the record for purpose of cognizance, Trial and or pass any further order causing inquiry into the conduct of investigation officer for illegal acts committed during the course of investigation and further to keep further proceeding of Tinsukia P.S case No. 294/2025 in abeyance until the final decision of the state level scrutiny committee regarding the caste certificate of opposite party No. 4. The said petition was registered and numbered as 1946/2025 dated 29.11.2025 and the same is pending for its further consideration. 21D. That the learned Trial court vide order dated 01.12.2025 passed in the aforesaid Tinsukia P.S case no 294/2025 decided to hear the parties on the aforesaid petition no. 1946/2025 before taking cognizance of the alleged offence in the said case. 21E. That the applicant states that the Tinsukia P.S. case no.293/2025 was filed by the applicant and the cross case i.e. Tinsukia P.S. case no.294/2025 was Page No.# 4/4 filed by the respondent no.4. But the police submitted the Charge Sheet only in Tinsukia P.S. case no.294/2025 and failed to submit the Final Form in the Tinsukia P.S. case no.293/2025, which is against the settled principles of law." “Set aside and quash the Chargesheet no. 358 dated 18.11.2025, under section 78/351 (2) of BNS, 2023 read with Section 3 (1) (r)/ 3 (1) (s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989." 3. The learned counsel for the respondents/opposite parties do not object to the prayer for amendment of the writ petition. 4. Accordingly, the prayer for amendment is allowed. The petitioner/applicants shall file an amended writ petition before the Registry of this Court on or before 27th of March, 2026 by serving additional copies of the amended writ petition upon the counsels appearing for all the respondents. 5. Accordingly, Interlocutory Application stands disposed of. JUDGE Comparing Assistant