ANU GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Case of the petitioner is that Haragopal Goswami Kaju is the proprietor of M/s Prag India Constructions and Magnum Industrial Associates, Guwahati and undertook many contractual works with many Government and Semi Government Departments in the State and has a social back ground apart from his private business. On 27.3.99 at about 9.30 AM when Haragopal Goswami came out from his residence at Geetanagar to have a pan from the nearby shop, three youths with deadly weapons shot at him, as a result, he sustained serious injuries. Thereafter, the youths took him forcibly in a Maruti van. One auto rickshaw and a Maruti Zen also reportedly accompanied the said Maruti van. Kidnapping of Kaju took place in broad day light in front of many people. Immediately after the incident an FIR was filed by the petitioner No.2, elder brother of the victim on he same day, i.e.27.2.99 with Noonmati Police Station and on the basis of the FIR, Noonmati Police registered a case, being Case No.67/99 under Section 365 IPC read with Section 25(1-B) of the Arms Act. On the basis of the FIR lodged the police started investigation in the month of January 2000 and arrested two SULFA youths, namely, Hiranya Goswami and Bhupen Kalita from their rented house at Hatigarh in the city. It is further alleged that during the period of investigation one Md Nurul Haque of Mangaldoi asked for ransom from the family members at Sipajhar for giving treatment to the injured victim. The family members acceded to the demand and paid Rs.1.5 lakhs for the expenses incurred for the treatment of the victim-Kaju. Immediately thereafter, the petitioner No.2, brother of the victim filed a complaint case being a No. 407/99 under Section 420/12(B)/34 IPC against Md Nurul Haque before the Sub Divisional Judicial Magistrte at Mangaldoi and the accused Md Nurul Haque was arrested by the police and the matter is still pending in the Court of Sub Divisional Judicial Magistrate at Mangaldoi. It is the complaint of the petitioners that since January 2000 when the arrest of two persons was made, nothing further has happened in the case. Kaju's whereabouts is not known to his family members nor he has been recovered from the illegal custody of the persons who have forcibly kidnapped him. Hence there is reasonable apprehension in the minds of the petitioners that the police is not taking due interest in the case nor are investigating the case in a proper manner. Under these circumstances, they claim that the matter be handed over to the CBI for investigation and further steps in the matter.

(2.) The learned counsel for the State made statement at the Bar that in G.R.Case No.1180/99 arising out of Noonmati P.S.Case No.67/99 the State has filed the charge-sheet on 18.4.01 in the Court of CJM,Kamrup. In view of the aforesaid, a case has already been instituted by the State and accordingly no direction as called for by the Petitioner is required.

(3.) Writ Petition stands disposed of.