Page No.# 1/4 GAHC010289512025 2026:GAU-AS:2152 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/755/2026 SANIARA KHATUN W/O SAYEDUR RAHMAN, VILL CHAMPUPARA GAON, P.S. CHHAYGAON, DIST. KAMRUP ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 06 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-05 3:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON PIN- 781031 4:THE OFFICER IN CHARGE CHHAYGAON POLICE STATION DIST.- KAMRUP (ASSAM) PIN- 78112 For the Petitioner(s) : Mr. A. Wahab, Advocate For the Respondent(s) : Mr. B.J. Talukdar, Sr. Govt. Advocate Mr. P.K. Medhhi, Govt. Advocate Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 13.02.2026 Heard Mr. A. Wahab, the learned counsel appearing on behalf of the petitioner. Mr. B.J. Talukdar, the learned Senior Government Advocate assisted by Mr. P.K. Medhi, the learned Government Advocate appears on behalf of the respondents. 2. The petitioner herein is aggrieved by the inaction on the part of the Respondent Authorities, more particularly, the respondent No. 4 in not taking any action pursuant to the order dated 14.07.2025 passed by the learned Court of the Additional Chief Judicial Magistrate, Kamrup, Amingaon whereby in exercise of the powers under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), directions were issued to the respondent No. 4 to conduct an investigation, register a case and submit the Final Form (FF). It is the case of the petitioner that till date no case has been registered, and it is under such circumstances, the present writ petition has been filed. Page No.# 3/4 3. Considering that a direction was passed by the learned Court of the Additional Chief Judicial Magistrate, Kamrup, Amingaon directing the respondent No. 4 to register a case and submit the Final Form (FF), it is the opinion of this Court that the respondent No. 4 is obligated both under law and in compliance with the said directions passed by the learned Court of the Additional Chief Judicial Magistrate, Kamrup, Amingaon to register the case and submit the Final Form (FF) before the learned Court of the Additional Chief Judicial Magistrate, Kamrup, Amingaon. 4. 4. It is the further opinion of this Court that instead of keeping the instant writ petition pending a direction is required to be issued permitting the petitioner to again approach the learned Court of the Additional Chief Judicial Magistrate, Kamrup, Amingaon by stating her grievance regarding the non- registration of the case by respondent No. 4, i.e. the Officer-in- charge of the Chhaygaon P.S. 5. It is observed that in the circumstance the petitioner approaches the learned Court of the Additional Chief Judicial Magistrate, Kamrup, Amingaon, the said Court shall duly consider the said application so filed by the petitioner and pass appropriate directions taking into account the observations made herein above. Page No.# 4/4 6. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant