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2026 Supreme(Online)(Gau) 15269

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Manish Choudhury, J
MONTOSH PAUL – Appellant
Versus
THE UNION OF INDIA AND 7 ORS – Respondent
WP(C)/6812/2023

Advocates:
For the Appellants/Petitioners: R P Sarmah, D Doley
For the Respondents: Dy.S.G.I., H Sarma, A U Ahmed, B Ahmed, K K Parasar, GA Assam

A writ petition under Article 226 is not the appropriate remedy for grievances regarding the non-registration of an FIR or improper police investigation; the aggrieved party must instead approach the jurisdictional Magistrate under the statutory provisions of the CrPC (now BNSS).

Headnote:(A) Criminal Procedure - Investigation - Remedy for improper investigation - When a petitioner has a grievance regarding the tardy or improper investigation of an FIR, the appropriate remedy lies in approaching the jurisdictional Magistrate under Section 156(3) of the CrPC (now Section 175 of the BNSS) rather than filing a writ petition under Article 226 of the Constitution. (Para 5, 8, 13)

(B) Judicial Monitoring - Magistrate's Powers - The Magistrate possesses wide powers to ensure a proper investigation, including monitoring the process and recommending a change of investigating officer, though the Magistrate cannot investigate the case personally. (Para 8, 9, 10)

Issues: Whether a writ petition is the appropriate remedy for grievances regarding the conduct of a police investigation.

Table of Content
1. petitioner alleges harassment and improper police investigation regarding multiple complaints. (Para 1 , 2 , 3 , 4)
2. statutory remedy for investigation grievances lies with the magistrate under crpc. (Para 5 , 6 , 7 , 8 , 9 , 10)
3. bnss provisions replace crpc for ordering and monitoring investigations. (Para 11 , 12)
4. petitioner directed to seek remedy under bnss instead of writ jurisdiction. (Para 13)
5. police protection request noted and writ petition disposed of. (Para 14 , 15)

J U D G M E N T & O R D E R

Heard Mr. R.P. Sarmah, learned Senior Counsel assisted by Mr. D. Doley, learned counsel for the petitioner; Mr. P.K. Medhi, learned Central Government Counsel [CGC] for the respondent no. 1; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 2 – 6; and Mr. A.U. Ahmed, learned counsel for the respondent no. 8.

2. In this writ petition, one of the grievances raised by the petitioner is that at the time of institution of the writ petition, there had been continuous harassments through different means to the petitioner, and the family of the petitioner, which harassments, according to the petitioner were meted out at the instance of the respondent no. 8, who was then a Member of Legislative Assembly [MLA]. The petitioner has stated that a number of complaints in the form of First Information Reports [FIRs] were lodged before the Police.

3. A reference of the complaints lodged by the petitioner is made in the affidavit-in-opposition of the respondent no. 6, filed on 16.09.2024, in the following manner : -

Complaint	Email Date & Summery	Action Taken
15.05.2023. complainant Montosh Paul by local MLA Sri Shibu Misra etc.	Conspiracy to attack	The complaint was enquired into vide GDE No. 366 dated 15.05.2023 and no cognizable offence was made out.
21.05.2023. complainant by local MLA Sri Shibu Misra through Auto drivers of Lumding.	Conspiracy to attack	The complaint was enquired into vide GDE No. 504 dated 21.05.2023 and no cognizable offence was made out.
26.05.2023.	Information regarding alleged attack on Montosh Paul’s residence by 35 goondas.	The complaint was enquired into vide GDE No. 634 dated 26.05.2023 and registered vide Lumding Police Station Case no. 131/2023 under Sections 120B/448/427/294/506, IPC was registered on 09.06.2023.
27.05.2023.	Repetition of email dated 26.05.2023	The complaint was enquired into vide GDE No. 634 dated 26.05.2023 and registered vide Lumding Police Station Case no. 131/2023 under Sections 120B/448/427/294/506, IPC was registered on 09.06.2023.
27.05.2023.	Information regarding alleged breach into property by Tina Choudhary etc.	The complaint was enquired into vide GDE No. 660 dated 27.05.2023 and no cognizable offence was made out. Lumding Police Station Non-FIR no. 25/2023 under Sections 107/145, CrPC dated 27.05.2023 was registered.
28.05.2023.	Repetition of email dated 27.05.2023 against Tina Choudhury	The complaint was enquired into vide GDE No. 682 dated 28.05.2023 and no cognizable offence was made out. Lumding Police Station Non-FIR no. 25/2023 under Sections 107/145, CrPC dated 27.05.2023 was registered.
29.05.2023.	Information regarding locking out of premises of old AGP Office etc.	The complaint was enquired into vide GDE No. 703 dated 29.05.2023 and Lumding Police Station Non-FIR no. 29/2023 under Section 107, CrPC dated 16.06.2023 was registered.
30.05.2023.	Repetition of Information given by email dated 29.05.2023.	The complaint was enquired into vide GDE No. 727 dated 30.05.2023 and Lumding Police Station Non-FIR no. 29/2023 under Section 107, CrPC dated 16.06.2023 was registered.

4. It was the further grievance of the petitioner that the investigation in the afore-mentioned cases are being carried out by Police in tardy manner reflecting a lackadaisical attitude.

5. From the above Table, it is noticed that on the basis of the FIRs, a number of cases – both FIR cases and non-FIR cases – had been registered at

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2026 Supreme(Online)(Gau) 15269

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)Manish Choudhury, JMONTOSH PAUL – AppellantVersusTHE UNION OF INDIA AND 7 ORS – RespondentWP(C)/6812/2023

A writ petition under Article 226 is not the appropriate remedy for grievances regarding the non-registration of an FIR or improper police investigation; the aggrieved party must instead approach the jurisdictional Magistrate under the statutory provisions of the CrPC (now BNSS).

Cases Referred (2)

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Manish Choudhury, J
MONTOSH PAUL – Appellant
Versus
THE UNION OF INDIA AND 7 ORS – Respondent
WP(C)/6812/2023