High Court of Meghalaya
Shri. Krishan Kumar Goenka & Anr. vs . State Of Meghalaya & Ors. on 16 August, 2022
Serial No. 24
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl. Rev. Petn. No. 4 of 2022
Date of Decision: 16.08.2022
Shri. Krishan Kumar Goenka & Anr. Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) :
Mr. S. Jindal, Adv.
For the Respondent(s) Mr. K.P. Bhattacharjee, GA. R - 1.
:
Mr. P. Yobin, Adv. R - 2.
_______________________________________________________________
i) Whether approved for reporting in Yes/No
Law journals etc.
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. S. Jindal, learned counsel for the petitioners and Mr. P
Yobin, learned counsel for the respondent No. 2. The State-respondent No.1
is represented by Mr. K. P. Bhattacharjee, learned GA.
2. Bereft of unnecessary details the facts of this case as could be gathered
from the averments made in this petition and the annexures thereto would
show that the case of the petitioners is that they are the owner and in
possession in a plot of land situated at Keating road, Shillong being plot
No.105 (I), which by virtue of a lease agreement issued by the Deputy
Commissioner, East Khasi Hills, Shillong stands in the name of the
petitioner No.1 and his deceased brother late Jagdish Prasad Goenka, who
was the father of petitioner No.2 herein. The total area of the land is about
9146.53 sq. m.
3. The petitioners have been in possession of the land in all along without
any let or hindrances. However, in the month of January, 2021 the petitioner
No.2 received the notice dated 20-01-2021 issued by the Executive
Magistrate, East Khasi Hills District Shillong under Section 145 Cr. P.C in
connection with C.R Case No.1 (A) of 2021. The petitioner No.2 on receipt
of the said notice enter appearance before the learned Executive Magistrate
on 29-01-2021 and has also sought copies of the entire case record including
the FIR dated 29-12-2020 said to have been lodged by the respondent No.2
herein on an allegation that the petitioners have encroached upon the land in
question and have erected barricades thereupon.
4. In this regard, a police report dated 04-01-2021 was also filed stating
that the dispute is purely civil in nature. In the meantime, another learned
Executive Magistrate Shri. T. Marwein was endorsed with the case and had
passed an order dated 16-03-2022 directing the Investigating Officer (I/O)
to file a status report, in compliance thereof, status report was filed by the
I/O dated 29-03-2022. In the said report, it is reiterated that the dispute
between the parties is purely civil in nature involving a land dispute.
5. The learned Executive Magistrate on consideration of the said police
report dated 29-03-2022 on the self-same day has passed an order firstly,
expressing satisfaction that the dispute between the petitioners and
respondent herein over the aforementioned plot of land still exist and
secondly, that the parties are directed to file the written statement with
relevant documents and thirdly, that the parties are also directed to restrain
from carrying out any activities in the place of dispute.
6. It is against the said impugned order dated 29-03-2022 passed by the
learned Executive Magistrate that the petitioner has approached this Court
with this instant petition under Section 482 Cr. P.C with a prayer to quash
the said impugned order as well as the related proceedings.
7. Mr. P. Yobin, learned counsel for the respondent No.2 at the hearing
has candidly submitted that a perusal of the impugned order would reveal
the same may not stand the scrutiny of law, inasmuch as in the impugned
order the learned Executive Magistrate though expressing his satisfaction
that the dispute between the parties exist, yet no specific grounds have been
detailed in the said impugned order. It is, therefore, submitted that the
impugned order may be set aside and quashed with a liberty to the learned
Executive Magistrate to proceed with a fresh proceeding under the relevant
provisions of law.
8. Mr. K. P. Bhattacharjee, learned GA has submitted that in the light of
the submission and concession made by the respondent No.2 this Court may
pass necessary order in this regard. However, it is pointed out that in the
related report of the I/O there is a clear indication that a dispute exists
between the parties which may lead to a breach of peace, thereby
necessitating relevant proceedings, howbeit, at the relevant time.
9. Having given careful consideration to the submission of the parties, at
this stage this Court would not enter into the merit of the case but on the
basis of the concession made which is on the basis of well-settled principle
of law and even if it entails a detailed hearing, the conclusions would have
been the same, this petition can be disposed of accordingly.
10. The impugned order dated 29-03-2022 and the related proceedings in
C.R. Case No. 1 (A) of 2021 before the learned Executive Magistrate, East
Khasi Hills, Shillong is hereby set aside and quashed.
11. The prayer of the learned GA with liberty to be given to the learned
Executive Magistrate to resume fresh proceedings, if necessary, cannot be
allowed in this proceeding. However, as and when the requirement demands,
the authority concerned withdraw proceedings in accordance with law.
12. In view of the above, this petition is accordingly disposed of.
Judge
Meghalaya
16.08.2022
"Biswarup-PS"
