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Judgment
H. S. Thangkhiew, J
The petitioner is before this Court, alleging harassment by the police authorities of Tura. Her grievance is that she has been illegally detained in the police station on 26.07.2022, from morning till evening in connection with Tura P.S. Case No. 156(07) 2022 u/s 447/448/506/34 IPC, but neither was her statement recorded nor was she interrogated. It is her further grievance that she is being made to regularly appear before the police every day, which is causing harassment and mental torture. Though it is submitted that a notice dated 23.07.2022 u/s 41A CrPC had been served upon the petitioner on 26.07.2022, she was served the same only after being detained for the whole day.
On this petition being presented, this Court by order dated 02.08.2022, had issued notice and directed the Additional Senior Government Advocate, to obtain immediate instructions within 2(two) days.
Today, the learned Addl. Sr. GA, Mr. R. Gurung has produced the Case Dairy. A perusal of the same reveals that Tura P.S. Case No. 156(07) 2022 u/s 447/448/506/34 IPC was registered on the basis of a written FIR dated 21.07.2022, against the petitioner herein for indulging in activities of illegal checking and interference in the Tura market, harassing traders apart from intimidating and threatening them. It is noted from the Case Dairy as recorded therein, that investigation is on, and statements has been recorded u/s 161 of a few witnesses, and it is also noted that on receipt of the notice u/s 41A CrPC, the petitioner did not appear but, was indulging in other activities which was creating tension. It appears that the petitioner on 26.07.2022, was also taken for medical examination and her statement was recorded.
Thus, from the records as produced, no case has been made out by the petitioner as alleged in the writ petition. As the matter is still under investigation and pending for recording of statements u/s 164 CrPC of the complainant and witnesses, apart from other processes, no interference is called for.
The writ petition is accordingly dismissed and the respondents are directed to observe due process and act in accordance with law.
Case Dairy to be returned to the Additional Sr. GA within the course of the day.