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2023 Supreme(Gau) 1360

DEVASHIS BARUAH
Sabah Al Zarid, S/o. Late Muazzed Ali – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary, Department of Home, Govt. of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Biswas.
For the Respondent: Mr. H. Sarma.

JUDGMENT :

1. The Petitioner herein had invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution alleging infraction to Article 21 of the Constitution for violating his basic fundamental rights by the Respondent Authorities for handcuffing the Petitioner without just cause. The Petitioner by way of the instant writ petition has also sought for setting aside of the order dated 30.03.2021 passed by the Assam Human Rights Commission in AHRC Case No.3021/2020-21(9).

2. The brief facts of the instant case are that the Petitioner is a Law Graduate who had enrolled his name in the State Bar Council in the year 2008 bearing Enrollment No.486/2008. On 05.10.2016, an FIR was lodged by one Md. Faizul Haque, Home Guard of the Assam Police alleging inter alia that the Petitioner had on 05.10.2006 manhandled him, as the informant did not allow the Petitioner to park his car near his house. The said case was registered and numbered as Panbazar P.S. Case No.435/2016 under Sections 294/325/341/353 of the Indian Penal Code. It is also relevant to take note of that the Petitioner had also filed an FIR against the said Md. Faizul Haque which was also registered as Panba

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