ORDER

10.05.2022 Date :

Heard Mr. N. K. Murry, the learned counsel for the petitioner. Also heard Mr. B. Deori, learned Government Advocate for the respondents.

2. This writ petition has been filed by the petitioner, whose son namely, Pradip Das was found dead on a paddy field pursuant to his disappearance from his house on 02.06.2014. Initially, Police registered an U.D case numbered as Maibang P.S. U.D. Case No. 01/2014 on the basis of an FIR dated

04.06.2014 lodged by the mother of the deceased, namely, the petitioner, Smti. Maya Rani Das. Subsequently, on 09.07.2014 an FIR was lodged by one Hem Kt. Haloi, who was the Assistant Sub Inspector posted at Maibang Police Station. Pursuant thereto the FIR was registered as Maibang P.S. Case No. 10/2014, under Section 302 of I.P.C. The Post Mortem Report, conducted on the deceased reveals that the Medical Officer opined that the cause of death is due to shock and haemorrhage as a result of head injuries sustained. Several representations were addressed by the petitioner before the authorities concerned including a representation to the DGP, Assam. However, no progress in the investigation was made. By order dated 14.07.2014, the Magistrate First Class, Maibang Court, Dima Hasao accepted the Final Report submitted by the Police in respect of Maibang P.S U.D. Case No. 01/2014 dated 04.06.2014 vide Sl. No. 05/14. On the basis of the Final Report submitted, the case was closed by the Magistrate concerned. Subsequently, Final Report was also submitted in Maibang P.S. Case No. 10/2014 under Section 302 I.P.C. The Chief Judicial Magistrate by order dated 12.08.2015 accepted the Final Report submitted and closed the case as no clue to the culprits involved could be traced by the Police. The Learned Chief Judicial Magistrate, however, ordered that the case will reopen if any clue of the culprits involved are found in the future. The order of the learned Chief Judicial Magistrate, Dima Hasao, dated 12.08.2015 on the Final Reports submitted in Maibang P.S Case No. 10/2014 is extracted below:-

“12-08-2015 Seen the F.R. no-09/15 Dt-14/07/15 submitted by S.I. Narendra Bania of Maibang P.S Case no-10/14 U/S- 302 IPC vide. G.R. No-22/14. I/O return the Case in the F.R. as true U/S-302 IPC. But no clue of involve culprits. The case will re-open if any clue of involve culprits found in future.

Hence the F.R. is accepted and the Case is disposed off”.

3. It is submitted at the bar that no objection to the orders passed by the Magistrate accepting the Final Reports were filed by the petitioner as the information in respect of the orders passed by the learned Magistrate was not available to the petitioner at the relevant point of time.

4. The learned counsel for the petitioner submits that the State of Assam vide Notification dated 15.11.2014 has brought out a scheme vide Notification No. RR.33/2014/66 dated 15.11.2014 issued by the Additional Chief Secretary, Revenue and Disaster Management Department, Government of Assam, by which ex-gratia payments were made to the next of kin of the persons inter-alia who got killed or had died in accident in public places. As per the Notification dated 15.11.2014 at serial No.4 it is provided that ex-gratia is payable by the State to the next of kin of the persons kidnapped/abducted by terrorist/extremists/ miscreants and whose age is 18 years or above. Since the Magistrate while accepting the Final Report directed that in the event any clue regarding the involvements of the miscreants are found, the case will be reopened, the learned counsel for the petitioner submits that in the meantime as there is no dispute that the deceased son of the petitioner expired due to death caused by the miscreants, the petitioner is entitled to receive compensation under the said scheme as she is the mother of the deceased person.

5. Mr. B. Deori, learned Government Advocate, in all fairness submits that the Notification is indeed still in operation, which can be taken recourse to by the