Gauhati High Court orders change of Investigating Officer

Accused in theft case alleges land-grab bid by cop

STAFF REPORTER

GUWAHATI: The Gauhati High Court has ordered that the Investigating Officer (IO) of a motorcycle theft case be changed in view of an allegation by the accused person in the matter that the police officer concerned was using pressure tactics to purchase a plot of land in the tribal belt by evicting the accused person from his own property.

The court's order came during hearing of a petition for pre-arrest bail filed by the accused person in the motorcycle theft case, one Biju Kathar.

The matter stemmed from a case registered at the Hatigaon Police Station (1031/2022) in connection with the theft of two motorcycles. Subsequently, the police recovered the motorcycles and discovered that Biju Kathar was the mastermind behind the theft.

However, Kathar's counsel submitted that his client is being unnecessarily harassed by the police only because of the personal interest of the Investigating Officer with regard to forcible purchase of land belonging to the accused person. The petitioner's counsel also submitted a copy of an application which many people had jointly filed before the Circle Officer of Sonapur Revenue Circle, alleging the IO's interference in the dispute.

The petitioner's counsel stressed that the Investigating Officer of the case is unnecessarily and illegally using his official powers to harass an innocent citizen.

The court thereupon observed: "The allegation brought by the petitioner is a serious one... The Commissioner of Police, Guwahati is directed to change the Investigating Officer of this case. It is also directed that the petitioner deserves to be given an interim protection. Accordingly, it is hereby directed that in the event of arrest in connection with Hatigaon PS Case No. 1031/2022 under Sections 379 of the IPC, the petitioner, namely, Sri Biju Kathar, shall be released on bail of Rs 25,000 with one surety of like amount to the satisfaction of the arresting authority. The petitioner shall not appear before the present Investigating Officer, Mrityunjoy Saikia. Whenever a new Investigating Officer is appointed then only the petitioner shall appear before him. The new Investigating Officer shall have the liberty to approach this Court for cancellation of bail of the petitioner in appropriate circumstances."

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