Research › Search › Judgment

Gauhati High Court · body

2016 DIGILAW 715 (GAU)

Rita Rabi Das v. State of Assam

2016-08-03

AJIT SINGH, N.CHAUDHURY

body2016
JUDGMENT AND ORDER (N.Chaudhury, J) This application under Article 226 of the Constitution of India has been preferred by one Smti Rita Rabi Das alleging that her husband, Bikram Rabi Das, a police Constable went missing on 14.7.2014 in course of his duty at Nayahat, Police Out Post. She had lodged a missing complaint on 11.10.2014 at Nayahat police station, however, to no avail. She thereafter lodged another FIR on 21.12.2014 expressing her apprehension that her husband might have been kidnapped. Accordingly, Bilasipara Police Station Case No.1072 of 2014 under Section 365 IPC was registered and investigation was initiated. In course of investigation, police arrested one Monzuwara Khatun and her husband Mozamel Hussain of Pathor Kuchi and a mobile hand set was recovered from them. The said two persons were released after detention of 75 days in jail custody and since thereafter, no further progress have been achieved in the investigation. According to the writ petitioner, her husband had developed some relationship with aforesaid Monzuwara Khatun and ultimately on the basis of a village mel, she abandoned all types of future ‘claim’ on her husband and received a sum of Rs.75,000/-. Husband of Monzuwara Khatun also sent a pleader’s notice to her husband on 1.6.2011 at his official address and which according to the petitioner might be the cause for kidnapping of her husband. Ultimately, the petitioner prays that appropriate writ should be issued directing the Superintendent of Police, Dhubri to take care of the matter in regard to Bilasipara Police Case No. 1072 of 2014 under Section 365 IPC and to investigate into himself. 2. When this matter came up for motion hearing on 16.12.2015, the learned Government Advocate was directed to obtain necessary instruction regarding the stage of investigation and thereupon the Superintendent of Police, Dhubri has submitted a report to the learned Junior Government Advocate on 26.1.2016. A copy whereof has been provided to this court by the learned Government Advocate. In this status report, the Superintendent of Police has disclosed the steps taken by the police in regard to the aforesaid police case including analysis of call data records of the concerned phone numbers etc. From the status report, it appears that while posted in 7- APBn, Charaikhola, husband of the petitioner was deployed at Patharkuchi, Guwahati under Bashistha police station. From the status report, it appears that while posted in 7- APBn, Charaikhola, husband of the petitioner was deployed at Patharkuchi, Guwahati under Bashistha police station. At that time, he developed illicit relationship with one lady, Monzuwara Khatun and in fact had married her without the knowledge of his first wife. It is further reported that the husband of the petitioner had already fathered a male child from Monzuwara Khatun and this fact was disclosed by none other than Monzuwara Begum herself going to the village of constable, Bikram Rabi Das, the allegedly missing husband of the petitioner. It is only thereafter a fine of Rs.75,000/- was imposed on Bikram Rabi Das by the villagers in a local meeting and the amount was given to Monzuwara Khatun so that she does not enter into the matrimonial tie between the petitioner and Bikram Rabi Das. An agreement was also executed by both the sides. On 14.7.2014, he was last seen taking a bus from Dhubri to Guwahati and thereafter he has become traceless and so the case is pending for recovery of missing person. 4. Having heard the learned Government Advocate and on perusal of the status report submitted by the jurisdictional Superintendent of Police, we are satisfied that police undertook investigation after registering a police case. After the police case has been registered and investigation has been done by the police authority, there is no question of giving any further direction to the police under section 154(3) of the Code of Criminal Procedure or under any other provision. 5. We do not find any reason to pass any direction to the police in the present case. The writ petition is devoid of any merit. It is accordingly dismissed.