ORDER

Date : 30.11.2022 Heard Mr. M. J. Quadir, learned counsel for the petitioner. Also heard Mr. S.

Baruah, learned Government Advocate, appearing on behalf of the State respondents.

This is a writ petition filed by the petitioner seeking a direction to the respondents to investigate the Silchar P.S. Case No. 866/2020 u/ss. 120(B)/188/447/352/506/34 IPC properly and to submit the report to the concerned Magistrate within a specified period.

The petitioner had lodged an FIR, dated 09.03.2020, before the Officer-in-Charge, Silchar(Sadar) P.S., against as many as 5(five) accused persons named therein, alleging that they had forcefully entered the disputed land with JCB and 3 nos. of Tippers and started filling up the disputed land and had threatened the petitioner and her husband with sharp weapons. Pursuant to the aforesaid FIR, dated 09.03.2020, Silchar P.S. Case No. 866/2020 under Sections 120(B)/447/352/506/188/34 IPC was registered. According to the petitioner, since the registration of the case, no action was taken by the respondents;

the petitioner has filed the instant writ petition.

The respondent No. 4, herein, has filed an affidavit-in-opposition, dated 21.12.2020, wherein, it has been stated that after registration of Silchar P.S. Case No. 866/2020 under Sections 120(B)/447/352/506/188/34 IPC; the respondent authorities is investigating the case and pursuant to such investigation, several statements u/s. 161 of the Cr.P.C., have also been recorded.

The affidavit-in-opposition filed by the respondent No. 4 on 21.12.2020, indicates that the respondent authorities are not sitting idle on the Silchar P.S. Case No. 866/2020 and the investigation of the case has been taken-up by the I.O.. However, since the statement made by the respondent No. 4 in the affidavit-in-opposition filed that Silchar P.S. Case No. 866/2020 under Sections 120(B)/447/352/506/ 188/34 IPC has been investigated upon, dates back to 21.12.2020; it is highly probable that Silchar P.S. Case concluded and the Charge Sheet/Final Report, as the case may be, may have also been submitted by the Police.

Neither the learned counsel for the petitioner nor the learned Government Advocate has instruction as to whether investigation of Silchar P.S. Case No. 866/2020 under Sections 120(B)/447/352/506/ 188/34 IPC has been completed or not as 2(two) years have passed by since filing of the affidavit-in-opposition by respondent No. 4 on

21.12.2020.

In view of the above, this writ petition is hereby disposed of with a direction to the Officer in-Charge of Silchar Police Station as well as the I.O. of Silchar P.S. Case No. 866/2020 under Sections 120(B)/447/352/506/188/34 IPC, to conclude the investigation of Silchar P.S. Case No. 866/2020 under Sections 120(B)/447/352/506/ 188/34 IPC, if not already concluded.

If the investigation is not concluded as on date; the same shall be concluded by the authority concerned preferably within a period of 2(two) months from today since the case was registered as far back as in the year 2020.

The writ petition stands disposed of in terms above.

JUDGE Comparing Assistant