Gauhati High Court
WP(C)/2873/2026 of PARBIN SULTANA BEGUM LASKAR Vs THE STATE OF ASSAM AND OTHRS on 26 July 2026
GAHC010102332026 2026:GAU-AS:10284 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2873/2026 PARBIN SULTANA BEGUM LASKAR W/O. LATE BAKTAR UDDIN LASKAR, R/O. ALAKALULIPUL, BADARPUR,NEAR CAR PLAZA, P.O. -BADARPUR GHAT, P.S. BADARPUR, PIN CODE
GAHC010102332026
2026:GAU-AS:10284
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2873/2026
PARBIN SULTANA BEGUM LASKAR
W/O. LATE BAKTAR UDDIN LASKAR,
R/O. ALAKALULIPUL, BADARPUR,NEAR CAR PLAZA, P.O. -BADARPUR
GHAT,
P.S. BADARPUR, PIN CODE - 788803,
DISTRICT SRIBHUMI, ASSAM.
VERSUS
THE STATE OF ASSAM AND OTHRS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR,GUWAHATI
-781006
2:THE DIRECTOR GENERAL POLICE
ASSAM
ULUBARI
GUWAHATI - 781007
3:THE SUPERINTENDENT OF POLICE
SRIBHUMI
P.O. AND P.S. SRIBHUMIDISTRICT SRIBHUMI
ASSAM.
4:THE OFFICER IN CHARGE
BADARPUR POLICE STATION
P.O. AND P.S. BADARPURDISTRICT SRIBHUMI
ASSAM.
5:THE OFFICER IN CHARGE
JAMIRA POLICE STATION
JAMIRA
DISTRICT HAILAKANDI
ASSAM.
6:MD LIAQUAT AHMED
S/O. LATE ABDUL KHALEQUE
R/O. VILLAGE BADARPUR
KHADIMAN
P.O. BADARPURGHAT
P.S. BADARPUR
DISTRICT HAIKAKANDI
ASSAM.PIN CODE 78880
For the Petitioner(s) : Ms. S. Kanungoe, Advocate For the Respondent(s) : Mr. N. Das, Govt. Advocate Mr. A.M.S. Mazumder, Advocate BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 27.07.2026
Heard Ms. S. Kanungoe, the learned counsel appearing on behalf of the petitioner. Mr. N. Das, the learned Government Advocate appears on behalf of the respondent Nos. 1 to 5 and Mr. A.M.S. Mazumder, the learned counsel appears on behalf of the respondent No. 6.
2. The petitioner, being aggrieved by the non-registration of the FIR submitted to the Officer-in-Charge, Badarpur Police
Station against the respondent No. 6, as well as a copy thereof having been sent to the Superintendent of Police, Sribhumi, which has not been acted upon, has approached this Court by filing the present writ petition.
3. It is the opinion of this Court that the issue involved in the present proceedings is squarely covered by the judgment of the Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh & Others reported in (2008) 2 SCC 409, wherein the Supreme Court categorically observed that proceedings of the present nature ought not to be entertained in exercise of the jurisdiction under Article 226 of the Constitution, inasmuch as the provisions of Section 156(3) of the Code of Criminal Procedure, 1973, which corresponds to Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are the provisions under which the person aggrieved ought to approach the concerned jurisdictional Magistrate.
4. Considering the above, this Court is not inclined to entertain the instant writ petition on account of availability of statutory remedies. Accordingly, the instant writ petition is not entertained.
5. The dismissal of the instant writ petition shall not bar the petitioner from approaching the concerned jurisdictional Magistrate by filing an application under Section 175(3) of the
Bharatiya Nagarik Suraksha Sanhita, 2023, if so advised.
JUDGE Comparing Assistant