Guwahati Court July 1999 Judgments

D.K. Deb Roy Vs. State of Assam and ors.

Court: Guwahati

Brijesh Kumar, C.J.1. In this writ petition, indeed the controversy which is involved is narrowed down in view of the submission made by learned counsel for the petitioners, Shri N. Dutta, as, according to him, the main question which now remains to be considered is in regard to the custody of Judicial record during the pendency of proceedings before the Criminal Courts.2. In Civil Rule No. 241(HC) of 1991, it appears, some allegations were made that the Judicial record in the custody of the police were tampered with. In connection with such allegation the Chief Judicial Magistrate, Kamrup, Guwahati was directed to conduct an enquiry as to whether the Judicial records were tampered with or not and to fix the responsibility. We are, however, not concerned with that aspect of the matter.3. However, in the order dated 16-6-93 passed by this Court in Civil Rule (HC) 241 of 1991, anxiety was expressed about the institution of Police Inspector attached to Criminal Courts and the practice in...