Gauhati High Court
WP(C)/1857/2018 of KAMALESWAR NAMASUDRA Vs THE STATE OF ASSAM AND ORS on 16 July 2026
GAHC010059602018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1857/2018 KAMALESWAR NAMASUDRA S/O LT. MURA HIRA R/O VILL AND P.O. SAT PAKHALI P.S. PALASHBARI, O.P. BIJOY NAGAR, DIST. KAMRUP (RURAL), ASSAM VERSUS THE STATE OF
GAHC010059602018
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1857/2018
KAMALESWAR NAMASUDRA
S/O LT. MURA HIRA
R/O VILL AND P.O. SAT PAKHALI
P.S. PALASHBARI, O.P. BIJOY NAGAR,
DIST. KAMRUP (RURAL), ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
THROUGH-
THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, HOME
DEPARTMENT, DISPUR, GUWAHATI - 781006.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
B.K. KAKOTI ROAD
ULUBARI
GUWAHATI- 781007.
3:THE SUPERINTENDENT OF POLICE
AMINGAON
DIST. KAMRUP (RURAL)
ASSAM
4:THE OFFICER-IN-CHARGE
PALASHBARI POLICE STATION
DIST. KAMRUP (RURAL)
ASSAM
5:THE IN-CHARGE
BIJOYNAGAR OUT POST
DIST. KAMRUP (RURAL)
ASSAM
6:RAM SINGH
S/O HARI SINGH
R/O BIJOYNAGAR
P.O. BIJOYNAGAR
P.S. PALASHBARI
OUT POST
BIJOY NAGAR
DIST. KAMRUP (RURAL)
ASSAM
7:GAGAN CHOUDHURY
S/O LT. HANGHADHAR CHOUDHURY
R/O VILL AND P.O. SAT PAKHALI
P.S. PALASHBARI
OUT POST BIJOYNAGAR
DIST. KAMRUP (RURAL)
ASSAM
8:JIBAN DAS
S/O LT. BOGARAM DAS
R/O VILL AND P.O. BIJOY NAGAR
DIST. KAMRUP (RURAL)
ASSA
For the Petitioner(s) : None appears
For the Respondent(s) : Mr. S. S. Roy, Govt. Advocate
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
1
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.
O R D E R
17.07.2026
None appears on behalf of the Petitioner on call. Mr. S. S. Roy, the learned counsel appears on behalf of the Respondent Nos.1 to 5. None appears on behalf of the Respondent Nos.6 to 8.
2. The present writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Nos.4 & 5 to take immediate action in respect to the FIR dated 17.03.2018 and arrest the accused persons, i.e. the Private Respondent Nos.5, 6 & 7.
3. This Court duly takes note of the fact that, at the relevant point of time when the FIR was lodged, i.e. on 17.03.2018, the Petitioner, instead of approaching this Court under Article 226 of the Constitution, ought to have approached the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973. In this regard, this Court finds it relevant to take note of 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 has categorically observed the extraordinary jurisdiction under Article 226 of the
Constitution ought not to be exercised in such circumstances. Under such circumstances, this Court is not inclined to entertain the instant writ petition for which the writ petition stands dismissed.
4. Before parting with the record, this Court observes that the dismissal of the instant writ petition shall not preclude the Petitioner to approach the concerned Magistrate under Section 175(3) of the BNSS, if so advised.
JUDGE Comparing Assistant