JUDGEMENT :

N. Kotiswar Singh, J.

Heard Mr. D.C.K. Hazarika, learned counsel for the petitioners. Also heard Mr. R.K.D. Choudhury, learned ASGI for respondent Nos.1 & 2 and Mr. R.K. Bora, learned counsel appearing for respondent Nos.3, 4 and 5.

2. The present petition has been filed by 2(two) petitioners, namely, Sri Konto Warisa and Sri Golom Nunisa who alleged that their sons, namely, Poresh Warisa and Sujit Nunisa, aged about 23 years, residents of Wari Lamphu village were picked up by the personnel of 12th Battalion Madras Regiment on 14.07.2009 from the said village and subsequently, were shot dead and the dead bodies brought to the Haflong Police Station on 19.07.2009.

The said Poresh Warisa has been also referred to as Pirush Warisa, and sometimes as Pirosh Warisa and Phirosh Warisa in the pleadings.

3. It was submitted that in connection with the said incident, an F.I.R. was lodged with the Dehangi Police Station by one Dimanon Kemprai. On receipt of the F.I.R., Dehangi P.S. Case No. 05/2009 dated 20.07.2009 was registered under Section 302 IPC corresponding to G.R. Case No.177/2009 against the personnel of the 12th Battalion Madras Regiment, Camp at Kobak Post. However, since n