The court affirmed that the extraordinary power to direct an independent investigation under Article 226 should only be exercised with clear evidence of ineffective investigation or involvement of influential individuals.

JUDGMENT & ORDER :

ARUN DEV CHOUDHURY, J.

1. Heard Ms. S Nazneen, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Addl. PP, Assam appearing for the respondents.

2. The present writ petition is filed with a prayer/direction for handing over Jalukbari PS Case No.1510/2018 dated 04.11.2018 and Jalukbari PS Case No.1768/2018 dated 26.12.2018 to the Central Bureau of Investigation (CBI), Govt. of India..

3. The brief facts of the present case is that the son of the petitioner was an employee under the respondent No.9, namely, Dr. Rabin Saikia at Insight Diagnostic Centre at Rajgarh Road, Bhangagarh, Guwahati. On 04.11.2018 at about 4.45 AM, the said respondent No.9 informed the petitioner that the son of the petitioner is missing since the night of 03.11.2018, whereas, the son of the petitioner was sent with the respondent No.10 (Nipu Ali) from Hotel Landmark B. Baruah, Road, Guwahati to drop respondent No.10 at Kamakhya Gate at 12 AM by taking respondent No.9’s Wagon R car bearing registration No.AS 01 AJ 8824.

4. It was also informed by the respondent No.9 that the son of the petitioner returned after dropping the respondent No.10 at Kamakhya Gate. However, it was informed by respondent No.9 to the daughter of the petitioner that the WagonR Car was found lying in a damaged condition at the Old Saraighat Bridge and that the son of the petitioner did not return back to hotel Landmark and has remained untraceable.

5. It is the further allegation that the respondent No.9 informed the petitioner that the petitioner need not worry and the respondent No.9 shall take appropriate action to search the son of the petitioner, but as no information was received from the respondent No.9’s end, the petitioner who is a resident of Abhayapuri, in the district of Bongaigaon, came to Guwahati on 04.11.2018 and lodged the FIR of missing/kidnapping. However, but the respondent No.9, pressurized and restricted the petitioner not to lodge any FIR against any one, as the respondent No.9 is looking after the same and has already lodged an FIR.

6. When no result was forthcoming, the petitioner on 09.11.2018 lodged an FIR before the Director General of Police, Assam and another FIR on 26.12.2018 in the Maligaon Police Station. Again another FIR was lodged on 07.01.2019 before the Jalukbari PS which was registered as Jalukbari PS Case No.1768/2018 under sections 328/392/365/34 IPC. When nothing was progressing, the petitioner on 23.04.2019 filed a complaint before the Hon’ble Chief Justice of India and on 05.07.2019 before the Hon’ble Minister, Finance, Health etc Assam.

7. It is the allegation that as the respondent No.9 hails from an influential family and as it seems that the respondent No.9 has been influencing, the entire investigation and therefore same was moving at a snail’s pace and no sincere effort was made to find out the son of the petitioner. Accordingly, the petitioner having no other option left, has filed this writ petition with a prayer as recorded hereinabove.

8. In the aforesaid backdrop, this court issued notice to the respondents. None entered appearance for the respondent No.9 and on the prayer of the learned counsel for the petitioner, the name of the respondent No.10 was struck off from the array of parties by this court under its order dated 02.08.2023.

9. Taking note of the grievance of the petitioner, this court had called for status reports of the investigation from time to time and has been monitoring the investigation. This court has also called for the case diary of the concerned police station cases for ascertaining self as regards the allegation of the petitioner.

10. Referring to the status report dated 29.02.2024, the learned counsel for the petitioner submits that there is no sincere effort of the investigating officer to trace out the son of the petitioner inasmuch as, though four river police stations and 6 river police out post are there from where the vehicle was found, however, the investigating officer