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2026 DAILYLAW 9029 (GAU)

MRS RADHA DEVI @ RADHA SHARMA v. STATE OF ASSAM AND 2 ORS.

W.P.(Crl.)/22/2026 · 2026-06-24

Kalyan Rai Surana, Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010087532026 2026:GAU-AS:9280-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/22/2026 MRS RADHA DEVI @ RADHA SHARMA W/O LATE SHAMBHU SHARMA, M/O DECEASED ARJUN SHARMA, RESIDENT OF NO.2 BIRKUCHI, GORKHA PATH, NARENGI, P.S. NOONMATI. VERSUS STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI - 781006 2:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI - 781006 3:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI-78100 Advocate for the Petitioner : DR. R SARMAH, MS. N BARMAN,MS. D SHARMA Advocate for the Respondent : GA, ASSAM, SC, FINANCE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.06.2026 (K.R. Surana, J) Heard Dr. R. Sarmah, learned Counsel for the petitioner. Also heard Mr. P. Sarmah, learned Additional Senior Government Advocate for the respondent nos. 1 and 3; and Mr. A. Chaliha, learned standing counsel for the Finance Department, representing respondent no. 2. 2. A preliminary objection has been raised by the learned Additional Senior Government Advocate that the concerned police authorities including the concerned authorities of the Police Station have not been impleaded as respondents. 3. The learned counsel for the petitioner has submitted that his limited prayer today would be to the effect that as the petitioner, on account of death of her son, namely Arjun Sharma, while in custody, has submitted a representation before the District Commissioner, Kamrup (Metro), Guwahati, seeking compensation in reference to FIR No. 114 dated 06.06.2025, which was registered as Noonmati P.S. Case No. 114/2025 under section 87 of the BNS, 2023, the same be disposed of expeditiously. 4. Considering the nature of prayer made, having heard the learned Additional Senior Government Advocate and the learned standing counsel for the Finance Department, the oral prayer made by the learned counsel for the petitioner is allowed by directing the District Commissioner, Kamrup (Metro), Guwahati, to dispose of the representation dated 27.10.2025 submitted to the Page No.# 3/3 office of the District Commissioner, Kamrup (Metro), Guwahati, on 27.10.2025 (Annexure-K to this writ petition), within an outer period of 2 (two) months from the date of receipt of a certified copy of the order. 5. 5. Accordingly, the petitioner shall serve a certified copy of the order along with a copy of the writ petition before the office of the District Commissioner, Kamrup (Metro), Guwahati, so as to bring the order to the notice of the said authority. 6. In the meantime, the learned Additional Senior Government Advocate shall send a downloaded copy of this order to the respondent no 3. 7. The writ petition stands allowed to the extent as indicated above without examining the case on merit. JUDGE JUDGE Comparing Assistant