Gauhati High Court
WP(C)/4678/2026 of RINKU JAISHI AND ANR Vs THE STATE OF ASSAM AND 6 ORS on 29 September 2026
GAHC010184212026 2026:GAU-AS:14625 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4678/2026 RINKU JAISHI AND ANR WIFE OF HASANUZZAMAN KHANDAKAR, RESIDENT OF VILL- KURSHAKATI, P.O.-MOLANDUBI, P.S.- KAZIGAON, DIST- DHUBRI, ASSAM 2:
GAHC010184212026
2026:GAU-AS:14625
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4678/2026
RINKU JAISHI AND ANR
WIFE OF HASANUZZAMAN KHANDAKAR, RESIDENT OF VILL- KURSHAKATI, P.O.-MOLANDUBI, P.S.- KAZIGAON, DIST- DHUBRI, ASSAM
2: HASANUZZAMAN KHANDAKAR
SON OF ABDUL MOZID MIAH
RESIDENT OF VILL- KURSHAKATI
P.O.-MOLANDUBI
P.S.- KAZIGAON
DIST- DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
POLICE HEADQUARTERS
ULUBARI
GUWAHATI
ASSAM
3:THE SUPERINTENDENT OF POLICE
HOJAI
SRIMANTA SANKARDEV NAGAR
HOJAI
ASSAM
PIN-782442
4:THE OFFICER-IN-CHARGE
LUMDING POLICE STATION
HOJAI
ASSAM
5:BHASKAR KALITA
OFFICER-IN-CHARGE
LUMDING POLICE STATION
HOJAI
ASSAM
6:THE SUPERINTENDENT OF POLICE
DHUBRI
DIST- DHUBRI
ASSAM
7:THE OFFICER-IN-CHARGE
RUPSI POLICE OUTPOST UNDER KAJIGAON POLICE STATION
DHUBRI
ASSA
Advocate for the petitioner(s): Mr. AR Bhuyan, Senior Advocate Mr. S Abdullah Advocate for the respondent(s): Mr. J Handique Government Advocate, Assam B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
30.09.2026
Heard Mr. AR Bhuyan, the learned Senior Counsel assisted by Mr. S Abdullah, the learned counsel appearing on behalf of the petitioners. Also heard Mr. J Handique, the learned Junior Government Advocate, Assam.
2. Mr. J Handique, the learned Junior Government Advocate has placed an instruction issued by the Senior Superintendent of Police, Hojai, dated 21.09.2026, which is kept on record and marked with the letter ‘X’.
3. From a perusal of the contents of the said para-wise reply (instruction), it is seen that on 25.08.2026, a complaint was filed by one Kamala Jaishi at Lumding Police Station, stating inter alia that 7-8 years ago, her daughter, i.e. the Petitioner No. 1, while studying at J.B. Law College, Guwahati met a Muslim boy, i.e. the Petitioner No. 2 herein and had developed a love relationship. The complainant further stated that after coming to know about the said relationship, she brought her daughter back to Lumding and further allegations were made that on 17.08.2026 at about 8 P.M, the Petitioner No. 2 had taken the Petitioner No. 1 against her will with an intention to forcibly marry her.
4. Under such circumstances, a case was registered being the Lumding Police Station Case No.139/2026 under Section 87 of the Bharatiya Nyaya Sanhita (BNS) and an investigation was taken up.
5. This Court now finds it very pertinent to take note of the remaining contents of the said instruction(s), inasmuch inspite of specific orders passed by this Court on 27.08.2026 to the effect that the Respondents, more particularly the Respondent Nos.4, 5, and 7 shall not disturb the Petitioners or take any coercive measures so as to separate the Petitioner No. 1 from the Petitioner No. 2, certain steps were taken contrary to the said directions.
6. In that context, it is pertinent to take note of that in the said para-wise comments, it is mentioned that on 29.08.2026, a police party was directed to proceed to Kurshakati area under Kazigaon Police Station in the district of Kokrajhar for tracing and recovering the complainant's daughter and apprehending the Petitioner No.2. Searches were conducted in the Kurshakati area under Kazigaon Police Station for tracing and recovering the Petitioner No.1 and the case is presently under investigation.
7. The said contents in the para-wise reply provided by the Senior Superintendent of Police, Hojai appears to be not only contrary, but in derogation to the specific order and directions passed on 27.08.2026 in the present writ petition.
8. Today, when the matter is being taken up, the Petitioner No. 1 is present before this Court. The Petitioner No. 1 is an Advocate by profession, practicing in the Gauhati High Court. The Petitioner No.1 had reiterated before this Court today that her marriage with the Petitioner No. 2 was out of their own will which was registered on 04.12.2024. She has further submitted that the said Lumding P.S. Case No.139/2026 is nothing, but a false and fabricated case in order to falsely implicate the Petitioner No.2.
9. Taking into account that the very victim in the Lumding P.S. Case No. 139/2026, who is an adult and a practicing Advocate in the Gauhati High Court has categorically stated before this Court that she out of her own will is residing with the Petitioner No. 2, the said Lumding P.S. Case No. 139/2026 appears to be a complete abuse of the process of the law. It is also apparent that a criminal investigation has been initiated for the purpose of harassment. Under such circumstances, it is, therefore, the opinion of this Court that the continuation of the Lumding P.S. Case No. 139/2026 cannot be permitted in the present facts.
10. Accordingly, this Court quashes the Lumding P.S. Case No.139/2026 and further directs the Respondents in the present proceedings, including the Senior Superintendent of Police, Hojai, not to further take any action on the basis of the Lumding P.S. Case No.139/2026.
11. With the above observation(s) and direction(s), the instant proceedings stands disposed of.
JUDGE Comparing Assistant