LAWS(GAU)-2022-9-29

GAURAV UPADHYAY Vs. STATE OF ASSAM

Decided On September 16, 2022
Gaurav Upadhyay Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. KN. Choudhury, learned senior counsel assisted by Mr. NJ Khataniar, learned counsel for the petitioner. Also heard Mr. K Goswami, learned senior counsel assisted by Mr. J Borah, learned counsel for the respondent No. 6, Mr. R Dhar, learned counsel for the respondent No. 2 as well as Mr. JK Goswami, learned counsel for the respondent Nos. 1, 3 and 4. No one appears for the respondent No. 5.

(2.) The maintainability of the writ petition is being decided. The issue is whether a writ of mandamus will lie, in the absence of violation of any of the petitioner's legal or fundamental right.

(3.) The petitioner was the Superintendent of Police of Karbi Anglong, while the respondent No. 6 was the Superintendent of Police CID in the Assam Police at the relevant time.