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2026 DAILYLAW 15606 (GAU)

NASIMA BEGUM v. THE STATE OF ASSAM AND 3 ORS.

Crl.Pet./609/2025 · 2026-09-29

Robin Phukan

Transfer Petitionbody2026

Judgment text

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Page No.# 1/4 GAHC010109082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./609/2025 NASIMA BEGUM D/O FAZLUR RAHMAN R/O VILL AND P.O. BHOJKOWA CHAPORI, P.S. TEZPUR, IN THE DISTRICT OF SONITPUR, ASSAM, PIN-784027 VERSUS THE STATE OF ASSAM AND 3 ORS. REP BY THE PP, ASSAM 2:SUPERINTENDENT OF POLICE SRIBHUMI ASSAM PIN- 788806 3:OFFICER-INCHARGE BADARPUR POLICE STATION BADARPUR SRIBHUMI ASSAM PIN-788806 4:TOUFIQUE ALI SON OF HAIDAR ALI R/O HATIGAON BHETAPARA GUWAHATI KAMRUP (METRO) Page No.# 2/4 Advocate for the Petitioner : MR D K NATH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 30.09.2026 Heard Mr. D. K. Nath, learned counsel for the petitioner and Mr. D. Nath, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1, 2 & 3. 2. In this petition, under Section 528/447 of the BNSS, 2023, the petitioner has prayed for issuing direction to the respondent authorities to do the needful against the case, earlier registered as All Women Police Station Case No. 163/2019, and to take appropriate steps against the private respondent. 3. Mr. Nath, learned counsel for the petitioner submits that the petitioner is the informant of All Women P.S. Case No. 163/2019, under Sections 493/325/294/506 of the IPC. And though the FIR of the said case was lodged on 14.11.2019, with the All Women P.S., against the private respondent, yet, the respondent Nos. 1, 2 & 3, had not carried out the investigation in right earnest and till date, no F.F. has been submitted by the Investigating Officer of the case. 3.1. Referring to various orders passed by this Court, during the course of hearing, Mr. Nath submits that it is well established that there is gross negligence on the part of the respondent Nos. 1, 2 & 3, in carrying out the investigation of the case and in taking it to a logical conclusion, and under such Page No.# 3/4 circumstances, he has contended to pass necessary directions to the respondent Nos. 1, 2 & 3 and to complete the investigation as soon as possible and to bring the same to a logical conclusion. 4. Per contra, Mr. Nath, learned Additional Senior Government Advocate for the respondent Nos. 1, 2 & 3, has produced the up-to-date case diary before this Court and submits that the I.O. has achieved substantial progress in the investigation of the case, and that I.O. has examined the witnesses and also recorded the statements of the accused. And in view of the progress achieved, Mr. Nath submits that this petition may be closed by directing the I.O. to complete the investigation within a definite time frame and bring the case to a logical conclusion. 5. Having heard the submission of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also gone through the case diary produced before this Court by Mr. Nath, learned Additional Senior Government Advocate, Assam. 6. It appears that some lapses are there on the part of the respondent Nos. 1, 2 & 3, in carrying out the investigation of the case. 7. While the FIR was lodged on 14.09.2019, the I.O. could not complete the investigation till date. 8. It also appears that at some point of time, the case diary was misplaced and subsequently, the same has been re-constructed. Page No.# 4/4 9. Further, on perusal of the case diary, it appears that the I.O. has examined the witnesses and also recorded the statements of the accused, and that investigation is at the last stage and is about to complete. 10. Accordingly, taking note of the submission of the learned counsel for both the parties and also considering the stage of investigation, which is at the last stage, this Court is inclined to dispose of this petition by directing the I.O. to bring the investigation to a logical conclusion, as soon as practicable, preferably, within a period of 4 (four) weeks from today, and to file F.F. 11. Case diary be returned. 12. The parties have to bear their own costs. JUDGE Comparing Assistant