Gauhati High Court

WP(C)/1857/2018 of KAMALESWAR NAMASUDRA Vs THE STATE OF ASSAM AND ORS on 16 July 2026

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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

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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

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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.

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