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2021 Supreme(Gau) 762

Mamoni Kakoty – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :B.K. Bhattacharjee, Advocate

JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Dr. R. Sarmah, learned counsel for the petitioner and Mr. D. Nath, learned Senior Government Advocate appearing for all the respondents.

2. By filing this writ petition in the nature of habeas corpus, the petitioner has prayed for a direction to recover her son, namely, Bhaskar Jyoti Kakoty who had gone missing since 04.09.2016 for which an FIR was lodged on 05.09.2016; for freezing the loan account standing in the name of her missing son; and on failure of the State machinery to trace out the missing son of the petitioner, to pay compensation of Rs. 50,00,000/- (Rupees Fifty lakh only) to the petitioner and the wife of the missing person. It may be mentioned that by order dated 26.07.2021, this Court had taken note of the fact that by order dated 21.03.2018, the name of respondent no. 7 was struck of and accordingly, it was observed that the prayer made in this writ petition for freezing the loan account standing in the name of the son of the petitioner has been rendered infructuous and that no such order can be passed in the absence of the concerned bank.

3. The case projected by the petitioner is that her missing son was working as a Manager

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