Sri Jadab Goswami vs The State Of Assam And 7 Ors on 3 August, 2026

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    Gauhati High Court

    Sri Jadab Goswami vs The State Of Assam And 7 Ors on 3 August, 2026

    Author: Devashis Baruah

    Bench: Devashis Baruah

                                                                    Page No.# 1/4
    
    GAHC010012402026
    
    
    
    
                                                              2026:GAU-AS:10750
    
                          THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                             Case No. : WP(C)/1046/2026
    
             SRI JADAB GOSWAMI
             S/O- LATE KARTICK GOSWAMI, RESIDENT OF KRISHNA NAGAR, P.O. AND
             P.S. MAKUM, DISTRICT TINSUKIA, ASSAM, PIN- 786170
    
    
    
             VERSUS
    
             THE STATE OF ASSAM AND 7 ORS
             REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
             ASSAM, DISPUR, GUWAHATI-6.
    
             2:THE PRINCIPAL SECRETARY ENVIRONMENT AND FOREST
             DEPARTMENT
              GOVERNMENT OF ASSAM
              DISPUR
              GUWAHATI-6
    
             3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
              (PCCF)
             ARANYA BHAWAN
              PANJABARI
              GUWAHATI
             ASSAM.
    
             4:THE DIVISIONAL FOREST OFFICER (DFO)
              DIGBOI DIVISION
              DIGBOI
             DISTRICT TINSUKIA
             ASSAM.
    
             5:THE RANGE OFFICER
              LAKHIPATHER RANGE
              UNDER DIGBOI FOREST DIVISION
                                                                  Page No.# 2/4
    
               DISTRICT TINSUKIA
               ASSAM.
    
               6:THE SUPERINTENDENT OF POLICE (SP)
               TINSUKIA
                DISTRICT TINSUKIA
               ASSAM.
    
               7:THE OFFICER-IN-CHARGE
                MAKUM POLICE STATION
               DISTRICT TINSUKIA
               ASSAM
    
               8:M/S MOHINI TIMBERS
                REPRESENTED BY ITS PROPRIETOR
                LOCATED AT MAKUM
                DISTRICT TINSUKIA
               ASSA
    
    For the Petitioner(s)   : Mr. B. K. Sen, Advocate
    
    For the Respondent(s) : Mr. S. S. Roy, Government Advocate
                          : Mr. I. Borthakur, Standing Counsel
    
    
    
    
                                       BEFORE
                        HONOURABLE MR. JUSTICE DEVASHIS BARUAH
    
                                         ORDER
    

    Date : 03.08.2026

    Heard Mr. B. K. Sen, the learned counsel appearing on behalf
    of the Petitioner and Mr. S. S. Roy, the learned Government
    Advocate appearing on behalf of the Respondent Nos. 1, 6, and

    SPONSORED

    7. I have also heard Mr. I. Borthakur, the learned Standing
    counsel appearing on behalf of the Respondent Nos. 2, 3, 4,
    and 5.

    Page No.# 3/4

    2. The present writ petition has been filed by the Petitioner
    being aggrieved by the non-registration of the FIR submitted
    before the Officer-in-Charge, Makum Police Station on
    15.06.2023.

    3. It is also the case of the Petitioner that as the Officer-in-
    Charge of the Makum Police Station did not register the said
    FIR, the Petitioner in accordance with Section 154(3) of the
    Code of Criminal Procedure, 1973 (for short ‘the Code’) have
    also sent the communication to the Superintendent of Police,
    Tinsukia District.

    4. It is the case of the Petitioner that in spite of the said
    communication being sent to the Superintendent of Police,
    Tinsukia, the FIR which was submitted by the Petitioner in the
    year 2023 have not been registered. It is under such
    circumstances, the Petitioner has approached this Court by filing
    the present writ petition in the year 2026.

    5. It is the opinion of this Court that the Petitioner has an
    alternative and efficacious statutory remedy in terms with
    Section 156(3) of the Code, if the Petitioner was aggrieved by
    the non-registration of the FIR. In this regard, this Court finds it
    very relevant to take note of the judgment of the Supreme
    Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and
    Page No.# 4/4

    Others reported in (2008) 2 SCC 409 wherein the Supreme Court

    had categorically observed that the exercise of jurisdiction
    under Article 226 of the Constitution is not permissible taking
    into account the statutory remedy available under Section
    156(3)
    of the Code.

    6. Considering the above, this Court therefore is not inclined to
    entertain the writ petition for which the instant writ petition
    stands dismissed.

    7. Before parting with the records, this Court observed that if
    the Petitioner is aggrieved by the non-registration of the FIR or
    the investigation being not carried out, the dismissal of the
    instant writ petition shall not preclude or prejudice the Petitioner
    to approach the concerned jurisdictional Magistrate in terms
    with Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita,
    2023.

    JUDGE

    Comparing Assistant



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