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2026 DAILYLAW 6825 (GAU)

ATUL DEKA v. THE STATE OF ASSAM AND 3 ORS

WP(C)/2403/2026 · 2026-05-25

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010086572026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2403/2026 ATUL DEKA SON OF DHANIRAM DEKA, RESIDENT OF HOUSE NO. 37, SEWALI PATH, BAGHARBORI, SATGAON ROAD, PANJABARI, P.S. SATGAON, GUWAHATI- 781037, DISTRICT- KAMRUP (M), ASSAM, PHONE NO.- 9435401842 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007 3:THE SUPERINTENDENT OF POLICE KAMRUP (M) ULUBARI GUWAHATI-07 4:THE OFFICER-IN-CHARGE SATGAON POLICE STATION SATGAON GUWAHATI- 78102 Advocate for the Petitioner : MR. D C C PHUKAN, MS D DEVI Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 26-05-2026 Heard Mr. D.C.C. Phukan, learned counsel for the petitioner and Ms. M. Barman, learned Junior Government Advocate, Assam for all the respondents. 2. The case of the petitioner, in brief, is that in respect of an accident occurred on 10.02.2020 which led to the death of the son of the petitioner on 15.02.2020 within the jurisdiction of Friends Colony Police Station, Etawah, District – Etawah, Uttar Pradesh, the petitioner lodged a First Information Report [FIR] before the Officer In-Charge, Satgaon Police Station and the said FIR was registered as Satgaon Police Station Case no. 49/2020 for the offences under Section 279 and Section 304 of the Indian Penal Code [IPC] on 04.03.2020. 3. The petitioner has approached this Court with a grievance that the petitioner has not received any information as regards the progress of the investigation of the case after registration of Satgaon Police Station Case no. 49/2020. 4. The learned Junior Government Advocate, Assam appearing for the State respondents has submitted that the FIR registered as Satgaon Police Station Case no. 49/2020 could, at best, be categorised as a Zero FIR and since the place of occurrence was within the jurisdiction of another Police Station in a different State. Page No.# 3/3 5. As it is also the responsibility of the Police Station who had registered a Zero FIR, to transmit the FIR to the jurisdictional Police Station for investigation, the State Counsel was requested to obtain instruction as to whether the case record of Satgaon Police Station Case no. 49/2020 had been transferred to the jurisdictional Police Station for investigation or not. 6. Today, Ms. Barman has placed a Report dated 20.05.2026 from the Officer In-Charge, Satgaon Police Station. On perusal of the Report, it is noticed that the FIR which was registered as Satgaon Police Station Case no. 49/2020 and which had to be treated a Zero FIR, was transferred to Friends Colony Police Station, Uttar Pradesh in terms of an Order dated 09.12.2020 passed by the Court of learned Judicial Magistrate, First Class, Kamrup [M], Guwahati. 7. As the investigation of the case after transfer of the case record is to be carried out by Friends Colony Police Station, Uttar Pradesh, which is not within the territorial jurisdiction of this Court. The petitioner is at liberty, to avail appropriate remedy permissible under the law to seek redressal of his grievances, if any, before the appropriate forum. 8. The writ petition is, therefore, disposed of. As the issue highlighted in the writ petition has been answered in the above manner. JUDGE Comparing Assistant