ABDUR RAHIM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. R. Talukdar, learned Junior Government Advocate, Assam for all the respondents.

(2.) The petitioner has instituted the writ petition under Article 226 of the Constitution of India seeking inter alia a writ in the nature of Mandamus and/or any other appropriate Writ, order or direction of like nature to direct the respondent authorities to entrust the investigation of the crime case, Mankachar Police Station Case no. 269/2022 either to the Criminal Investigation Department [CID], Assam or the Central Bureau of Investigation [CBI].

(3.) The petitioner has inter alia projected that three accused persons had kidnapped his minor son, aged about 16 years, on 2/9/2022. In connection with the kidnapping of his minor son, the petitioner had lodged a First Information Report [FIR] before the Officer In-Charge, Mankachar Police Station, District - South Salmara, Mankachar on 6/9/2022. As per the FIR, at around 09-00 a.m. on 2/9/2022, the accused no. 1, named therein, came to the petitioner's house and took the petitioner's son in his motor-cycle for a ride. Thereafter, the accused no. 1 in connivance with the other two accused persons, had kidnapped the petitioner's minor son and confined him at some place. The FIR lodged by the petitioner has been registered as Mankachar Police Station Case no. 269/2022 under Ss. 365/34, Indian Penal Code [IPC]. In the FIR, the petitioner had mentioned that some delay had occurred in lodging the FIR as he was busy in searching for his son. In the FIR, the petitioner had named 3 [three] persons as accused.