JUDGMENT AND ORDER Manojit Bhuyan, J. Heard Mr. BK Mahajan, learned counsel representing the petitioners. Also heard Mr. SC Keyal, learned Asstt. SGI representing the Respondent Nos.1, 2 and 3 and Mr. PS Deka, learned counsel representing the Respondent Nos.4, 5 and 6. 2. The matter pertains to alleged kidnapping and torture of three persons i.e. Raj Kumar Rabha, Khwmdwm Daimary and Rajib Basumatary. Out of the said three persons except Raj Kumar Rabha, the other two persons died, either being put to fire or by asphyxiation. The three petitioners herein comprises of Raj Kumar Rabha himself and the father of Khwmdwm Daimary along with the elder brother of Rajib Basumatary. The allegation is that the kidnapping and death of the other two persons were the handiwork of the personnels of 12 Kumaon Army Regiment Camp, Musalpur. The incident goes back to 21.12.2012 when all the aforesaid three persons were forcefully picked up by unknown persons coming in Silver coloured Tata Sumo in the evening at a point called Gadhuli Bazar. According to the version of Raj Kumar Rabha (petitioner No.1), they were dragged inside the vehicle while they were standing in front of a stationery shop at Narayanpur Chowk. Physical assault on them, followed by Khwmdwm Daimary being shot dead inside the vehicle and being taken to the Army Regiment Camp at Musalpur where Raj Kumar Rabha and Rajib Basumatary were detained for the night has been alleged. The allegations on the incidents of the following morning is that both Raj Kumar Rabha and Rajib were taken to another place in a Red coloured Tata Sumo and during the journey both of them were severely beaten up rendering them unconsciousness. The same night both of them were thrown out of the vehicle, perhaps being thought as dead. Regaining consciousness, Raj Kumar Rabha saw Rajib Basumatary lying dead. Looking for shelter in a nearby house which was denied by the owner, he, however, came to learn that the place where they were thrown out was called Dongpar. On 23.12.2012, at around 10 AM, Raj Kumar Rabha managed to reach Narayanpur Chowk. According to Raj Kumar Rabha a person by the name of Mohendra Daimary of Narayanpur was present at the time of kidnapping and was all along sitting with the army jawans. 3. On 23.12.2012, at around 10 AM, Raj Kumar Rabha managed to reach Narayanpur Chowk. According to Raj Kumar Rabha a person by the name of Mohendra Daimary of Narayanpur was present at the time of kidnapping and was all along sitting with the army jawans. 3. Various First Information Reports came to be lodged by the relatives of Khwmdwm Daimary and Rajib Basumatary and, in fact, the statement of the petitioner No.1 was also recorded under Section 164 CrPC on 23.12.2012 in connection with Musalpur PS Case No.91/2012 registered under Sections 365/34 IPC read with Section 27 of the Arms Act. 4. On 24.12.2012, local villagers had also lodged an FIR before the Panbari Police Outpost indicating that ashes of a man had been noticed in the midst of the Manas Sanctuary, about 1½ km from the Ranighat Forest Beat. 5. An addition to the allegation is in respect of the presence of one Sri Ajay Kherkatari who was alleged to be present at the time of kidnapping of the three persons on 21.12.2012. It is alleged that said Ajay Kherkatari had also been assaulted by the army personnel when he made effort to interfere in the incident. However, being a CRPF personnel himself, the abductors left him alone. Said Ajay Kherkatari is alleged to have been a friend of Khwmdwm Daimary and at the time of the incident his scooty key was with Khwmdwm Daimary. The connection made is that the family members of Khwmdwm Daimary while searching the ashes had also found the burnt key of the scooty which was subsequently handed over and seized by the police. The statement of Ajay Kherkatari was also recorded under Section 164 CrPC where he narrated the incident as well as the fact that his scooty key was in Khwmdwm Daimary's pocket. 6. The death of the two youths allegedly at the hands of the army personnel of 12 Kumaon Regiment, Musalpur had given rise to public outcry, spontaneous protest and agitational programmes. The pin-pointed allegation is that it was an act of cold-blooded murder by the army personnel of 12 Kumaon Regiment, Musalpur. The petitioners are also aggrieved that notwithstanding the dastardly act, the police personnel have been utterly sluggish in taking any action in the matter. 7. The pin-pointed allegation is that it was an act of cold-blooded murder by the army personnel of 12 Kumaon Regiment, Musalpur. The petitioners are also aggrieved that notwithstanding the dastardly act, the police personnel have been utterly sluggish in taking any action in the matter. 7. In the affidavit-in-opposition filed by the Respondent Nos.1, 2 and 3, it is indicated that the allegations levelled against it was duly investigated by a constituted Court of Inquiry and it was found that on 21.12.2012, no operation was carried out by Musalpur Company Operating Base (Army Camp) or any Company Operating Base of 12 Kumaon, Narayanpur. Further, no civilian had been apprehended and brought to Musalpur Army Camp as alleged by the petitioner. The allegation of extra judicial killing of Rajib Basumatary and Khwmdwm Daimary as well as physical assault and torture on Raj Kumar Rabha was categorically denied. In the said affidavit it is also indicated that besides the Court of Inquiry, a Magisterial Enquiry had also been carried out by the District Administration. 8. Copy of the Magisterial Enquiry Report relating to the circumstances leading to the incident of kidnapping of three youths from Narayanpur on 21.12.2012 has been furnished by the counsel representing the Respondent Nos.1, 2 and 3. It would be worthwhile to mention that in the report rendered by the Additional District Magistrate, Baksa, the conclusion arrived at was that no clue could be found with regard to the culprits who had committed the crime. In other words, the inquiry could not point out the identity of the actual perpetrators/kidnappers. 9. On the broad facts above, there is no manner of doubt that there are conflicting versions between the petitioners on the one hand and Army authorities, on the other. Whereas the petitioners are firm in the stand that the entire incident was played out by army personnel of 12 Kumaon Regiment, Musalpur, the State respondents on the basis of the Court of Inquiry have categorically denied any involvement of the army personnel in the alleged incident. Between the conflicting versions one cannot lose sight of the fact that three persons had been at the receiving end, two of them i.e. Khwmdwm Daimary and Rajib Basumatary suffering demise due to unnatural circumstances. The identification of the culprits in the dastardly act must come to light. Between the conflicting versions one cannot lose sight of the fact that three persons had been at the receiving end, two of them i.e. Khwmdwm Daimary and Rajib Basumatary suffering demise due to unnatural circumstances. The identification of the culprits in the dastardly act must come to light. The core facts leading to the death of Khwmdwm Daimary and Rajib Basumatary necessitates a full-fledged enquiry for ascertaining/identification of the perpetrators. Considering the above, direction is made for initiation of an enquiry by the learned District and Sessions Judge, Baksa. In case the office of the District and Sessions Judge, Baksa is not functioning as on date, the enquiry as to the circumstances leading to the death of Khwmdwm Daimary and Rajib Basumatary as well as the allegation of torture and physical assault upon the petitioner No.1 be enquired into by the District and Sessions Judge, Nalbari. 10. The inquiry, as indicated above, shall be completed as expeditiously as possible by giving adequate opportunity to the State respondents of being heard as well as to all other interested parties, including the petitioners in accordance with law. 11. Registry to supply Xerox copies of the records to the learned District and Sessions Judge, Baksa or Nalbari, as the case may be, forthwith. The inquiry be completed within a period of 8 (eight) months from the date of receipt of Xerox copies of the records from this Court and a Report thereof be submitted by the learned District Judge to this Court. 12. The Registry is also directed to furnish a copy of this order to the learned District Judge, Baksa (alternatively to the learned District judge, Nalbari), the Superintendent of Police, Baksa, the Officer-in-Charge of Musalpur Police Station, Baksa respectively. 13. Upon receipt of the Report of the learned District Judge, office to list this case for orders accordingly.