BIJOY NAG Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) Gravamen of the complaint in the instant writ petition relates to alleged high-handed action on the part of the respondents in visiting the house of the petitioner on 8.11.2006 while he was out of his residence. On enquiry, the petitioner came to know that some police personnel of Nagaland along with the respondents were in fact, looking for a person named Bijoy Bitoli of Hastuli Village of Golaghat District in connection with Dimapur PS Case No 88/2006 and under wrong impression they came to the petitioner's house as if he was Bijoy Bitoli and thus asserted that he is Bijoy Nath, S/o Daud Nag and he has nothing to do with the Dimapur PS Case No 88/2006.

(2.) Mr. BJ Talukdar, learned Govt Advocate on the strength of a written instruction submits that there was no harassment as such meted out to the petitioner and the respondents merely visited the house to take photograph for the purpose of identification to know whether he is Bijoy Bitoli or not.

(3.) There cannot be any doubt whatsoever that the respondents in law are entitled to require presence of the petitioner in connection with investigation of Dimapur PS Case No 88/2006 and for which purpose they have to follow' the procedure prescribed under the Code Criminal Procedure and they cannot be permitted to forcibly enter in to the house of the petitioner or harass the petitioner or his family members in any manner whatsoever.