JUDGMENT :

1. This case was heard on 26.7.2018 and today is fixed for delivery of order.

2. Heard Mr. A.K. Das, learned counsel for the petitioner; Mr. S.K. Medhi, learned senior counsel assisted by Mr. A. Das, learned counsel for the Gauhati High Court; Mr. S.R. Boruah, learned Government advocate, Assam and Mr. D. Das, learned Addl. Public Prosecutor, Assam.

3. By filing this petition under article 226 of the Constitution of India, petitioner seeks a direction to the Chief Judicial Magistrate, Kamrup (M) at Guwahati to take cognizance of Complaint Case No. 2589/2011 and to direct the State respondents to pay compensation to the petitioner for his illegal detention and torture in police custody.

4. Petitioner is an Advocate's Clerk earning his livelihood by rendering service to lawyers and litigants in the establishment of Chief Judicial Magistrate, Kamrup (M) at Guwahati. According to the petitioner, he was kept confined in the Panbazar Police Station from 21.8.2011 to 23.8.2011;- where, he was subjected to inhuman torture. However, petitioner was not arrested and was let off. Later on petitioner came to know that he was detained by the police in connection with Panbazar Police Station Case No. 238/2011, which was registered on the basis of information furnished by the then Chief Judicial Magistrate, Kamrup (M) regarding manipulation of bail bonds.

5. Alleging illegal detention and torture, petitioner had filed first information before the Chandmari Police Station which was treated as FIR and on the basis of the same, Chandmari Police Station Case No. 466/2011 was registered. Petitioner had also lodged complaint before the Human Rights Commission, Assam as well as before the Assam Police Accountability Commission.

6. As there was not much headway in Chandmari PS Case No.466/2011, petitioner lodged a complaint before the Chief Judicial Magistrate, Kamrup (M), being Complaint Case No.2589/2011. As there was no progress in this case also, petitioner had approached this court by filing the present writ petition.

7. An affidavit was filed by respondent No. 4, Sri Anand Prakash Tiwari, who was then serving as Senior Superintendent of Police, Guwahati City on 23.9.2013. It is stated that Chief Judicial Magistrate, Kamrup (M), Guwahati had lodged FIR before the Panbazar Police Station on 3.8.2011 alleging forgery in bail bond. Chief Judicial Magistrate had requested the police to properly investigate the case and to unearth the racket in the public interest. During investigation, the Investigating Officer obtained information that petitioner may be an accomplice of the accused-persons; therefore, it was necessary to interrogate the petitioner. Accordingly, respondent No. 6 along with police personnel of Panbazar Police Station arrived at Chandmari Police Station on 22.8.2011 at about 12.50 am and sought help from the Chandmari Police Station to conduct search in the residence of accused Surjya Malakar and that of the petitioner. When the police went to the residence of Surjya Malakar, he was not found available. Thereafter, the police went to the residence of the petitioner and seized some documents. Police brought the petitioner to Panbazar Police Station for interrogation and follow up action. Petitioner was produced before the Medical Officer, MMC Hospital, Panbazar, Guwahati where he was medically examined. As per report of the Medical Officer, no external injury mark was found on the body of the victim. Petitioner was released from detention around 1.30 p.m. to 2.30 p.m. on 23.8.2011 and he was handed over to his wife Smti. Nirmali Medhi. While denying that petitioner was detained for two nights by the police, it is admitted that petitioner was brought to the Panbazar Police Station at about 3.00 am of 22.8.2011 and was allowed to go on 23.8.2011 at 2.00 p.m.; during this period, he was provided necessary amenities. Allegation of torture has been denied. Insofar Chandmari Police Station Case No. 466/2011 is concerned, it is stated tha