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2025 Supreme(Online)(Gau) 9261

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


2025:GAU-AS:17352-DB


Case No. : W.P.(Crl.)/82/2025


UTPAL BORAH @ UTPAL AXOM

SON OF SRI ATUL BORAH, R/O- VILLAGE ASOIBARI GAON, PO CHOWTANG (VIA BAHONA), PS JORHAT, ASSAM, PIN- 785101

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, DISPUR, GUWAHATI-781006

2:THE DIRECTOR GENERAL OF POLICE, ULUBARI, GUWAHATI, KAMRUP (M), ASSAM, PIN- 781007

3:THE SUPERINTENDENT OF POLICE, JORHAT DISTRICT, ASSAM, PIN- 785001

4:THE OFFICER-IN-CHARGE, JORHAT POLICE STATION, DISTRICT- JORHAT, ASSAM, PIN- 785001

5:THE OFFICER-IN-CHARGE, PULIBOR POLICE STATION JORHAT DISTRICT, ASSAM, PIN- 785006

6:THE OFFICER-IN-CHARGE, BADARPUR POLICE STATION, DISTRICT- SRIBHUMI, ASSAM, PIN- 78880


Advocate for the Petitioner : A K GOGOI, MR. D BARUAH,A GOGOI

Advocate for the Respondent : GA, ASSAM


BEFORE

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN


Date : 15.12.2025

ORDER

(Oral)

(K.R. Surana, J)

Heard Mr. A.K. Gogoi, learned counsel for the petitioner as well as Mr. P. Sarma, learned Addl. Senior Govt. Advocate appearing for the respondents.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction for consolidation/ clubbing of the multiple FIRs relating to the same incident, being (a) Jorhat P.S. Case No. 500/2025, under sections 125/189(2)/189(3)/190/192/196(2)/353(2) of the BNS, 2023, (b) Pulibor P.S. Case No. 122/2025, under sections 49/121(2)/74/75(2)/189(2)/189(3)/190/285/126(2)/223/132 of the BNS, 2023, and (c) FIR purportedly lodged against the petitioner at Badarpur Police Station, as reported in a social media post, a print-out of which is annexed to this writ petition.

3) In this writ petition, it is projected that the petitioner, out of deep emotion and sentimental love towards a particular deceased person, demanded that his last rites be performed in his native district. Thereafter, on 21.09.2025, a group of persons came and started protesting by blocking roads; forcing shops and business establishments to shut down; and a section of unruly youths also blocked the National Highway, thereby preventing the movement of the vehicles. The said incident occurred on 21.09.2025. The petitioner projects that he is a reporter of a news channel and had posted a live video on social media page. It is alleged by persons lodging the FIRs against the petitioner that the said social media post had inciting people to gather and to resort to protest.

4) In respect of those incidents, the Officer-in-Charge of ISBT PP had lodged an FIR with the Officer-in-Charge of Pulibor Police Station, Jorhat on 23.09.2025, which was numbered as ISBT PP GDE No. 361 dated 21.09.2025, which was thereafter registered as Pulibor P.S. Case No. 122/2025, under Sections 49/121(2)/74/75(2)/189(2)/189(3)/190/285/126(2)/223/132 of the BNS.

5) The petitioner has projected that on the same incident, one Manoj Kumar Borah had also lodged a separate FIR before the Officer-in-Charge of Jorhat Police Station on 23.09.2025, which was registered as Jorhat P.S. Case No. 500/2025, under Sections 125/189(2)/189(3)190/192/196(2)/353(2) of the BNS. As per the said FIR, the petitioner had instigated people, which led to a large gathering at Baruah Chariali, Jorhat, leading to physical blockage of National Highway and destructing public order, further alleging that the petitioner had made derogatory remarks and attempted to malign the character of the wife of the said deceased person, thereby outraging her modesty and reputation.

6) The learned counsel for the petitioner has submitted that the petitioner has not been able to collect a copy of the purported third FIR, which, as per social media report, was lodged at Badarpur Police Station. However, it is submitted that as per the social media post, the said FIR is also for the same incident.

7) In support of his submissions that multiple FIR’s should be clubbed, the learned counsel for the petitioner has cited the following cases, viz., T.T. Antony v. State of Kerala (2001) 6 SCC 189, and (ii) Arnab Ranjan Goswami v. Union of India & Anr. (2020), 14 SCC 12.

8) Per contra, the learned Addl. Senior Govt. Advocate has submitted that though the two FIRs, registered as (a) Jorhat P.S. Case No. 500/2025, and (b) Pulibor P.S. Case No. 122/2025 have been lodged on the same date, i.e., 23.09.2025, but the same refer to separate and distinct offences.

9) Considered the submissions made by the learned counsel for the petitioner and also gave our anxious consideration to the cases cited by the learned counsel for the petitioner.

10) For ready reference, the contents of both the FIRs, bring Pulibor P.S. Case No. 122/2025 and Jorhat P.S. Case No.500/2025 are quoted hereinbelow:-

Pulibor P.S. Case No. 122/2025

“Sir,

With due respect, I have the honour to report that xxx (name masked) a prominent xxx (profession masked) of Assam died on

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