Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 6303 (GAU)

RAMJAN ALI AND 4 ORS. v. THE STATE OF ASSAM AND 2 ORS

WP(C)/2344/2026 · 2026-05-10

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010086212026 2026:GAU-AS:6468 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2344/2026 RAMJAN ALI AND 4 ORS. S/O- LATE NIRMAL SEKH, R/O- VILL.- GOWALPARA, P.O. KENDUGURI, P.S. SIPAJHAR, DIST. DARRANG, ASSAM, PIN- 784148. 2: FULBAHAR BEGUM W/O- RAMJAN ALI R/O- VILL.- GOWALPARA P.O. KENDUGURI P.S. SIPAJHAR DIST. DARRANG ASSAM PIN- 784148. 3: ABDULLA HOQUE S/O- RAMJAN ALI R/O- VILL.- GOWALPARA P.O. KENDUGURI P.S. SIPAJHAR DIST. DARRANG ASSAM PIN- 784148. 4: MERINA BEGUM W/O- ABDULLA HOQUE R/O- VILL.- GOWALPARA P.O. KENDUGURI P.S. SIPAJHAR DIST. DARRANG ASSAM PIN- 784148. 5: AFRINA AHMED (MINOR) REPRESENTED BY HER MOTHER NAMELY MERINA BEGUM R/O- VILL.- GOWALPARA Page No.# 2/4 P.O. KENDUGURI P.S. SIPAJHAR DIST. DARRANG ASSAM PIN- 784148 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE SUPERINTENDENT OF POLICE DARRANG AT MANGALDOI PIN- 784125. 3:THE OFFICER-IN-CHARGE SIPAJHAR POLICE STATION SIPAJHAR DARRANG PIN- 784125 Advocate for the Petitioner : MR G R A MOTTAQUEE, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 11.05.2026 Heard Mr. G.R.A. Mottaquee, learned counsel for the petitioners and Mr. H.K. Hazarika, learned Junior Government Advocate, Assam for all the respondents. 2. The petitioners have instituted this writ petition stating inter-alia that there is an existing family dispute with regard to partition/share in the family property between the second son of the petitioner no. 1 viz. Najimuddin Ahmed and another son of the petitioner no. 1, that is, the petitioner no. 3. The petitioners have referred to an incident occurred on 14.04.2026 which had aggravated the existing dispute. With regard to the said incident, the Page No.# 3/4 petitioner no. 4 lodged a First Information Report [FIR] before the Officer In-Charge, Sipajhar Police Station on 15.04.2026. But, the petitioners are being looked for by police personnel on the ground that another FIR has been registered against them. As the police personnel from Sipajhar Police Station had declined the request of the petitioners to disclose the details of any general diary entry or FIR, as the case may be, registered against them, the petitioners have approached this Court by the instant writ petition. 3. On 06.05.2026, the learned State Counsel was requested to obtain instruction from the respondent nos. 2 & 3 whether any general diary entry or any FIR has been registered against any of the petitioners herein. 4. Mr. Hazarika, learned Junior Government Advocate has submitted that he has received instructions from the Office of the Senior Superintendent of Police, Darrang, Mangaldoi vide an Office Letter no. MLD/V/2026/623 dated 09.05.2026 and he has placed a copy of the same before the Court as he has the authority to place so. 5. From the instructions placed through the Office Letter dated 09.05.2026, it is noticed that on 14.04.2026, one Najimuddin Ahmed, a son of the petitioner no. 1, had lodged a written FIR at Burha Outpost under Sipajhar Police Station in respect of an incident of alleged unlawful restraint, and assault on him and his family members by the accused persons, namely :- [1] Sainu Begum, W/o Abdulla Hoque, [2] Abdulla Hoque, S/o Ramjan Ali, [3] Afrina Ahmed, D/o Abdulla Hoque, [4] Fulbahar Begum, W/o Ramjan Ali, and [5] Ramjan Ali, S/o Lt. Nirmal Seikh. On receipt of the written FIR, a General Diary Entry, Burha O.P. G.D.E. no. 243 dated 14.04.2026 was registered at first, and a preliminary enquiry was initiated immediately. On the basis of the enquiry conducted, the FIR was forwarded to the Officer In- Charge, Sipajhar Police Station for registration of a regular case under appropriate sections of law. Thereafter, the Officer In-Charge Sipajhar Police Station had registered the FIR as Sipajhar Police Station Case no. 68/2026 under Sections 74/115[2]/117[2]/118[2]/3[5] of the Bharatiya Nyaya Sanhita [BNS], 2023 on 06.05.2026 and endorsed the case to a Sub- Inspector of Police & In-Charge, Burha Outpost for investigation. 6. In view of the above details, it is for the petitioners to seek appropriate remedy Page No.# 4/4 permissible under the law. Therefore, the writ petition stands disposed of, reserving the liberty to the petitioners to seek appropriate remedy available to them under the law. JUDGE Comparing Assistant