ORDER

Date : 05-08-2022 Heard Mr. J. Sarmah, learned counsel for the petitioner and Mr. N.

Goswami, learned Junior Government Advocate, Assam for the respondent nos.

1 – 4.

2. The petitioner has instituted this writ petition under Article 226 of the Constitution of India making a grievance that undue delay is being caused in carrying out the investigation of Biswanath Chariali Police Station Case no. 61/2020 and seeking a direction to the respondent authorities to complete the investigation immediately in an expeditious manner.

3. The case that is laid in this writ petition, briefly stated, is that the petitioner is an employee in the office of the Deputy Commissioner, Biswanath district. The respondent no. 5 joined in the said office as an Assistant Commissioner in the year 2016. During the subsequent period, a relationship developed between the petitioner and the respondent no. 5 and they also entered into physical relationship. According to the petitioner, the respondent no. 5 also proposed her for marriage. It is the allegation of the petitioner that she was being cheated during the entire period when they were maintaining the relationship. The petitioner has further stated that she belongs to the Scheduled Caste community. When the relationship turned sour between the petitioner and the respondent no. 5, the family members of the respondent no. 5 used to abuse her with abusive language in the name of her Scheduled Caste community. Highlighting all the above facts, the petitioner had lodged a First Information Report [FIR] before the Officer In-charge of All Women Police Station, Guwahati on 04.02.2020. The said FIR had resulted into registration of a crime case being All Women Police Station Case no. 23/2020 under Sections 354A/354C/376/420/506/34 r/w Sections 3[1][xi]/3[1][xii] Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act, 1989. The said crime case has, later on, been transferred to Biswanath Chariali Police Station for investigation. On being so transferred, the said case has been registered as Biswanath Chariali Police Station Case no. 61/2020. During the pendency of the investigation, the respondent no. 5 approached the Court seeking the benefit of pre-arrest bail under Section 438, Code of Criminal Procedure [CrPC], 1973. The respondent no. 5 was granted the benefit of pre-arrest bail under Section 438, CrPC by an order dated 10.11.2020 passed in A.B.554/2020.

4. The learned counsel for the petitioner has submitted that after the respondent no. 5 against whom the crime case has been registered, was granted pre-arrest bail, the investigation of Biswanath Chariali Police Station Case no. 61/2020 has progressed in a snail’s pace. It is his further contention that the necessary evidence/materials in respect of the crime case have not been collected by the Investigating Authority till date which is prima facie suggestive of a lackadaisical manner on the part of the Investigating Officer of the case.

5. Mr. Goswami, learned Junior Government Advocate, Assam appearing for the respondent nos. 1 – 4 has submitted that the progress of investigation of Biswanath Chariali Police Station Case no. 61/2020 [erstwhile, All Women Police Station Case no. 23/2020] that had been highlighted in the written instruction placed before the Court on 22.02.2021 by the respondent no. 3 and this Court in its order dated 08.03.2021 had taken note of the progress made in the investigation of Biswanath Chariali Police Station Case no. 61/2020 [erstwhile, All Women Police Station Case no. 23/2020]. The relevant excerpts as regards the action taken by the Investigating Officer in Biswanath Chariali Police Station Case no. 61/2020 [erstwhile, All Women Police Station Case no. 23/2020] are reflected in the order of this Court on 08.03.2021 which read as under :

“Action taken by present I/O:-

The following action are taken by the present I/O

1) Recorded the statement of complainant Smt. Barnali Hazarika u/s 161 Cr.P.C. at Biswanath Ch