Hon'ble Mr. Justice I.A. Ansari

1. An apparent lapse of the State police machinery, in respect of investigation of offences, and their failure to protect the Constitutional, legal and human rights of those, against whom allegations of commission of offences are made, have led to this Criminal Petition, which has been registered under Section 482 CrPC.I have heard Mr. JM Choudhury, learned Senior counsel, Ms. M. Hazarika, learned Senior counsel, Mr. B. Purakayastha, learned counsel. I have also heard Mr. A. Phukan, learned Advocate General, and Mr. N. Dutta, learned Senior counsel, who has appeared as Amicus Curiae.

2. In order to appreciate the issues involved, and the directions to be passed in this Criminal Petition, it is necessary to look into the chain of events in their chronological order, which have led to this Criminal Petition. The background facts, being of utmost necessity, are, therefore, set out, in brief, as under:

Background facts:

A. EVENTS OF 09.02.2007

On 09-02-2007, interim direction for pre-arrest bail, in favour of the petitioner, namely, Shri Umesh Chandra Tiwari, in connection with Paltanbazar Police Station Case No. 68 of 2007, under Section 353 IPC, was