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Judgment
W. Diengdoh, J
Heard Mr. S. Dey, learned counsel for the petitioner, who has submitted that on the strength of this Court’s order dated 27.08.2024, wherein he was given interim protection on condition that he shall appear before the I/O as and when required. Accordingly, the petitioner had appeared before the I/O and has also submitted his statement on 06.09.2024 duly acknowledged by the I/O.
Per contra, Ms. S. Ain, learned GA appearing for the State respondent has submitted that the status report filed by the I/O which is already on record before this Court would clearly show that the Investigating Officer in his report, has stated that the petitioner himself has not appeared before him and the self-statement was handed over to him (I/O) through one Shri. Widnard D. Marak, wherein the presentation of the self-statement by Shri. Widnard D. Marak is not enough for the purpose of his investigation.
At this juncture, the learned counsel for the petitioner has reiterated that the petitioner has indeed personally appeared before the I/O. However, in the face of contradictory statement on both sides, the person in question i.e. the I/O not being personally present in Court, this Court could not ascertained the actual situation. The learned counsel has then interjected to further submit that, if this Court so direct, the petitioner will definitely appear before the I/O on any date fixed.
This Court has considered the submission made as well as the materials on record including the said self-statement filed by the petitioner and also the I/O’s report dated 14.09.2024. Indeed, in the face of claim and counter claim, the actual situation or the correct facts have not yet been presented before this Court. In such a situation, at this point of time, the Court would take a lenient view and direct the petitioner to appear before the I/O on 19.09.2024, failing which necessary orders shall be passed.
The appearance of the petitioner before the I/O will not in any way affect the decision of this Court on the merits of this case, for which suitable order will be passed upon hearing the final argument of the parties. The I/O is directed to file the related report on the appearance of the petitioner.
List this matter on 24.09.2024.
In the meantime, the interim order passed shall continue until further orders.