Flaming B. Marak v. The State of Meghalaya and 5 Ors

ORDER

¶1This is an application under Section 482 Cr.PC praying for quashing of the impugned FIR dated 07.07.2023 in Chokpot PS Case No. 2(07)2023 under Section 500 IPC.

¶2Heard Mr. P.T. Sangma, learned counsel for the petitioner and Mr. N.D. Chullai learned AAG appearing for the State respondent No. 1, 2 and

¶3None appears for the respondents No. 4, 5 and 6.

¶3Perusal of the record reveals that consequent to the filing of the FIR dated 07.07.2023 by the respondent No. 4 and No. 5, the police registered the Chokpot PS Case No. 2(07)2023 under Section 500 IPC against the petitioner despite the fact that the offence alleged therein was in relation to a non-cognizable offence.

¶4During the course of hearing, the learned AAG in his usual fairness submitted that the issue involved in this matter has also been decided by this Court vide order dated 13.02.2019 passed in Crl. Petn. No. 12 of 2018 by following the proposition of law laid down by the Apex Court in the case of Subramanian Swamy v. Union of India (UOI) & Ors. (2016) 7 SCC 221.

¶5Paragraph 8 of the order dated 13.02.2019 in Crl. Petn. No. 12 of 2018 lays down as under:- " 8. It is clear that for offence punishable under Section 500 IPC neither FIR could be lodged for registration no Magistrate could order registration of the case by invoking power under Section 156(3) Cr.P.C. The aggrieved party may resort to other modes as may be prescribed in the Code of Criminal Procedure."

¶6In view of the above settled position of law, the investigation of the Chokpot PS Case No. 2(07)2023 under Section 500 IPC registered on the basis of an FIR dated 07.07.2023 lodged by the respondents No. 5 and 6 cannot be permitted to continue and the same is hereby quashed.

¶7This criminal petition stands allowed.

Judge Meghalaya

02.09.2024 "N.Swer, Stenographer, Gr-II" Powered by TCPDF (www.tcpdf.org) Date: 2024.09.02 16:55:00 IST

Serial No. 13 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl. Petn. No. 118 of 2023 Date of Order: 02.09.2024 Shri Flaming B. Marak Vs. 1. State of Meghalaya, rep by the S/o. Shri P. Marak Secretary, Department of Home & R/o. Asananggre, Police Affairs, Meghalaya, Shillong West Garo Hills, Meghalaya. 2. The Superintendent of Police, South Garo Hills District, Baghmara, Meghalaya. 3. Investigating Officer, Chokpot P.S, South Garo Hills District, Meghalaya, 4. Shri Rikrak Ch. Sangma, Officer-In-Charge, Chokpot PS, South Garo Hills District, R/o. Chokpot Bazar, PO & PS- Chokpot. South Garo Hills District, Meghalaya. 5. Shri Philon Ch. Marak, R/o. Jetragre, Chokpot, South Garo Hills District, Meghalaya. 6. Shri Gojan M. Marak, R/o. Jetragre, Chokpot, South Garo Hills District, Meghalaya. …. Petitioner. …. Respondents Coram: Hon'ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. P.T. Sangma, Adv. For the Respondent(s) : Mr. N.D. Chullai, AAG with Ms. R. Colney, GA. (R. 1-3) None for (R. 4, 5 & 6)