IMPORTANT POINT
The court emphasized the Magistrate's authority to ensure proper investigation and take cognizance of offences, independent of police conclusions.

JUDGMENT :

MANISH CHOUDHURY, J.

1. Heard Mr. M.U. Mondal, learned counsel for the petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1, 2, 3, 7, 8, 9, 10, 11, 12 & 13; and Ms. M.D. Bora, learned Standing Counsel, Transport Department for the respondent nos. 4 & 5.

2. The relevant and necessary events leading to the institution of this writ petition can be stated, in brief, at first.

3. The petitioner is the registered owner of a vehicle (Bolero Power + ZLX MICRO HYBRID BS4) bearing Registration no. AS-26/B-6001, Chassis no. MAIXK2WJXJ6H43332 and Engine no. WJJ6G68869 (‘the subject-vehicle’ for short).

4. The petitioner has stated that on 15.10.2019, the subject-vehicle got stolen from the residence of one Amzad Ali at Madalijhar. In connection with the said incident of theft, the petitioner’s son, Saddam Hussain had lodged one First Information Report (FIR) before the Officer In-Charge, Sorbhog Police Station on 16.10.2019 and the said FIR was registered as Sorbhog Police Station Case no. 211/2019 under Section 379, IPC. On 19.10.2019, the petitioner intimated the incident of theft of the subject-vehicle to the respondent no. 4. The petitioner submitted another FIR before the Officer In-Charge, Bilasipara Police Station on 02.12.2019 stating inter-alia about the theft of the subject-vehicle and to take appropriate action for recovery of the subject-vehicle. The said FIR was registered as Bilasipara Police Station Case no. 1261/2019 under Sections 120(B)/379, IPC. The case, Bilasipara Police Station Case no. 1261/2019 was subsequently transferred to Sorbhog Police Station in terms of an Order dated 03.05.2021 passed by the learned Sub-Divisional Judicial Magistrate (M), Bilasipara and it was registered as Sorbhog Police Station Case no. 117/2022.

5. The petitioner has raised an allegation that one of the Sub-Inspectors of Police, attached as In-Charge, Nayeralga Police Out Post under Bilasipara Police Station had a role in the non-recovery of the stolen subject-vehicle. Though the petitioner had represented about the involvement of the said official before a number of authorities, no action was found to have been taken in connection with those representations. It is noticed that a complaint filed by the petitioner before the State Police Accountability Commission, Assam was disposed of on 05.04.2023.

6. The petitioner has further stated that he came to learn through one SMS (Annexure-12) dated 05.01.2021 from a Service Dealer (M/s Ashok Motors) that the subject-vehicle had been taken to the said Service Dealer at Mangaldoi for the purpose of servicing/repairing. When the vehicle history of the said Service Dealer could be collected by the petitioner, the petitioner had found that the name of the owner of the subject-vehicle was changed to and reflected as one Baijayanti Basumatary, a resident of Village-Panbari, P.O. Panbari, District-Chirang.

7. It transpires that after completing investigation in connection with Sorbhog Police Station Case No. 211/2019, the Investigating Officer (I.O.) of the case submitted a final report vide Final Report no. 114/2019 dated 31.12.2019. Similarly, Sorbhog Police Station Case no. 117/2022 had resulted into a final report, Final Report No. 02/2023 dated 31.01.2023.

8. On submission of the Final Report in connection with Sorbhog Police Station Case no. 117/2022, the petitioner was served with a notice by the jurisdictional Magistrate, that is, the learned Sub-Divisional Judicial Magistrates, Barpeta asking him to appear before him and to file objection, if any, with regard to the Final Report submitted in connection with Sorbhog Police Station Case No. 117/2022. Accordingly, the petitioner appeared before the Court of learned Sub-Divisional Judicial Magistrates, Barpeta and filed a complaint against submission of the Final Report in connection with Sorbhog Police Station Case no. 117/2022. Thereafter, the learned SDJM, Barpeta by an Order dated 29.07.2024, had di