THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 8 ORS

Advocate for the Petitioner : MR. S KALITA Advocate for the Respondent : GA, ASSAM BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK Page No.# 3/4 05/04/2022 Heard Mr. P Das, learned counsel for the petitioner and Ms. M Barman, learned Government Advocate, Assam for the respondent Nos. 1 to 4. The prayer of the petitioner is that the Investigating Officer of Silchar P.S. Case No. 1445/2021 is not investigating the case properly. By filing this writ petition, the petitioner has prayed for a direction to the Superintendent of Police, Cachar, Silchar respondent No. 3 to monitor the investigation of said Silchar P.S. Case, noted above. Pursuant to the order passed earlier by this Court, Ms. Barman, learned Government Advocate, Assam has placed the status report submitted by the Superintendent of Police, Cachar, Silchar issued under Memo No. G/SR/1104 dated 01.04.2022 pertaining to said Silchar P.S. Case No.

1445/2021, which goes to show that investigation of the said Silchar P.S. Case No. 1445/2021 is proceeding accordingly. Further, the said status report dated 01.04.2022 also reveals that the respondent No. 5 had already instituted a Title Suit being T.S. No. 190/2019 against the petitioner which is presently pending before the Court of the learned Civil Judge No. 2, Cachar, Silchar on the basis of a ‘Bainama’ signed by the petitioner, where the petitioner during investigation submitted before police that he is not the executor of said ‘Bainama’ placed before the Court in said Title Suit and that his signature has been forged in it and as such, the concerned Investigating Officer of said Silchar P.S. Case No. 1445/2021 has already submitted an application before the Court of the learned Civil Judge No. 2, Cachar, Silchar praying for passing an order directing the Court Officials to make available the original ‘Bainama’ involved in the case for its seizure and to sent the same to the FSL with the specimen signature of the petitioner for comparison and to obtain necessary opinion in that regard and that all efforts have been made to complete the investigation of the case at the earliest.

Considering the said status report dated 01.04.2022 of the Superintendent of Police, Cachar, Silchar noted above, this writ petition stands closed. Page No.# 4/4 However, it is made clear that the petitioner may approach the concerned Magistrate for any such superintendence relating to the said Silchar P.S. Case No. 1445/2021 under Section 156(3) of the Cr.P.C. as laid down by the Hon’ble Supreme Court in the case of Sakiri Vasu Vs. State of Uttar