Joyanta Hojai v. The State of Assam and 4 Ors

ORDER Date : 03-10-2024

Heard Mr. B.D. Das, the learned senior counsel assisted by Mr. D. Thaosen, the learned counsel appearing on behalf of the petitioner and Mr. H. Sarma, the learned Addl. Senior Government Advocate appearing on behalf of the respondents.

¶2The instant writ petition was filed seeking appropriate directions from this Court for appointment of Special Public Prosecutor under Section 24(8) of the Code of Criminal Procedure, 1973 for conducting the prosecution of trial in respect to Sessions Case No. 19/2023 and for further direction for prosecution sanction against the Police Officials under Section 197 of Code of Criminal Procedure, 1973.

¶3It is seen from the records that an affidavit was filed by the Superintendent of Police (CID) on 27.09.2024 wherein it had been categorically mentioned at paragraph No. 9 that it was a clear case of cold blooded murder and as such it is not an action which was taken while discharging Government duty. It was further mentioned that as such the prosecution sanction under Section 197 of Cr.P.C.,1973 is not Page No.# 3/3 required.

¶4In addition to that it was mentioned at paragraph No. 10 of the affidavit that a Special Public Prosecutor may be appointed to conduct the trial of Harangajao P.S. Case No. 03/2020.

¶5Taking into account the said stand by the Respondent Authorities in the affidavit, the learned Senior Counsel appearing on behalf of the petitioner submits that the instant writ petition can be closed with a direction that a Special Public Prosecutor be appointed at the earliest, so that the Session Case No. 19/2023 which is an ongoing proceeding can be taken to its logical conclusion with the help of the Special Public Prosecutor.

¶6Taking into account the said submission which is not being opposed to by Mr. H. Sarma, the learned Addl. Senior Government Advocate, this Court disposes of the instant writ petition thereby directing the Respondent Authorities to take immediate steps for appointment of a Special Public Prosecutor for conducting the trial in connection with Session Case No. 19/2023 at the earliest and preferably within one month from the date of the instant order.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010123142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3177/2024o JOYANTAoHOJAIo W/O-oLATEoSANTOSHoHOJAI,oR/O-oVILL.-oGAMADIoHAWAR,oP.O.oANDoP.S.o HARANGAJAO,oDIST.oDIMAoHASAO,oASSAM,oPIN-o788818. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARY,oGOVERNMENToOFoASSAM,o DISPUR,oGUWAHATI-6. 2:THEoPRINCIPALoSECRETARY oHOMEoDEPARTMENT oGOVERNMENToOFoASSAM oDISPUR oGUWAHATI-6. 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-781007. 4:THEoINSPECTORoGENERALoOFoPOLICEo(ADMINISTRATION) oASSAMoPOLICEoHEADQUARTER oULUBARI oGUWAHATI-781007. 5:THEoSUPERINTENDENToOFoPOLICE oCID oASSAM oULUBARI oGUWAHATI-781007o Page No.# 2/3 For the Petitioner(s) : Mr. B. D. Das, Senior Advocate Mr. D. Thaosen, Advocate For the Respondent(s) : Mr. H. Sarma, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH