Accused Being Harassed By Investigating Officer In A Bid To Purchase His Land In Tribal Belt: Gauhati High Court Orders Change Of IO

Update: 2022-06-23 05:15 GMT
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The Gauhati High Court, on Tuesday, directed the Commissioner of Police to change the investigating officer of a theft case, after the accused alleged that the present IO was acting out of personal vendetta against him due to a dispute between them over a tribal land.The petitioner had been arrested for the theft of two motorcycles which were later recovered by the police. Submitting that...

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The Gauhati High Court, on Tuesday, directed the Commissioner of Police to change the investigating officer of a theft case, after the accused alleged that the present IO was acting out of personal vendetta against him due to a dispute between them over a tribal land.

The petitioner had been arrested for the theft of two motorcycles which were later recovered by the police.

Submitting that the investigating officer was using his official powers for his personal interest, the petitioner submitted that he has been unnecessarily harassed by Police only because of the personal interest of the Investigating Officer. The petitioner submitted that the Investigating Officer of this case wanted to purchase land in the tribal belt by evicting the petitioner from his own property. 

The petitioner also submitted copy of an application which many people jointly filed before the Circle Officer, Sonapur Revenue Circle alleging his interference in the dispute where the Investigating Officer Mrityunjoy Saikia of Hatigaon P.S. is involved. 

Justice Parthivjyoti Saikia noted the seriousness of the allegation brought by the petitioner and granted pre arrest bail to the petitioner-accused, subject to bond of Rs. Rs.25,000/-. It directed that, in the event of arrest in connection with the case in question, the petitioner be released on bail. As per the Court's direction, the petitioner is not to appear before the current investigation officer, and will only appear before a new investigation officer, whenever he is appointed.

Case Title : BIJU KATHAR v THE STATE OF ASSAM

Citation: 2022 LiveLaw (Gau) 43 

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