High CourtsSingle Bench(2015) 01 MEG CK 0003

Jengbha R. Marak vs State of Meghalaya and Others

Meghalaya High Court · Decided on 29 January 2015

HON’BLE JUDGES
T. Nandakumar Singh, J.
RESULT
Partly Allowed
CASE NUMBER
Writ Petition(C) No. 233/2014

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Judgment

6 paragraphs · 490 words

T. Nandakumar Singh, J.—Heard Mr. P.T. Sangma, learned counsel appearing for the petitioner and also Mr. K.P. Bhattacharjee, learned GA appearing for the respondents.

2.

The fact of the case leading to the filing of the present writ petition is briefly noted. On 12.06.2014 the petitioner along with some friends went to the house of one Shri. Bidan M. Sangma, the Managing Committee of the A. Chik Baptist Dalgipa (ABDK) Mission Secondary School Shallang to watch the FIFA World Cup opening ceremony on Television/TV. While the petitioner and others were trying to watch the FIFA World Cup, they found that there was no signal in the T.V. and they called one Dish TV mechanic Shri. Sanjiv, who is a Bengali, to help them to get the Dish T.V. signal. While the petitioner and his party and the said Dish TV mechanic were trying to get the TV repaired, suddenly some police personnel in uniform belong to Shallang Police Station led by one constable, Shri. Vishall Adhikari came to the house of Shri. Bidan M. Sangma without any reason. The petitioner also alleged in the writ petition that they had been indiscremately beaten for no reason. For that incident, the petitioner along with Shri. Mangrak Momin, son of Shri. Tet G. Momin resident of Rongkugre P.O. and P.S. Shallang, West Khasi Hills District lodged an ejahar dated 16.06.2014 before the Officer In-charge, Shallang Police Station, West Khasi Hills District for taking up action against the personnel of the Shallang Police Station who had beaten them.

3.

In the writ petition, it is also alleged that the Officer In-charge, Shallang Police Station, West Khasi Hills District refused to register an F.I.R. on the said ejahar dated 16.06.2014 lodged by the petitioner. In the affidavit-in-opposition filed by the respondents, it is clearly mentioned that on the basis of the ejahar dated 16.06.2014 filed by the petitioner and Shri. Magnrak Momin, Shallang P.S., a case/FIR being No. Shallang P.S. Case No. 17(6) 2014 under Section 323/506/34 IPC had been registered against the said police personnel. Mr. P.T. Sangma, learned counsel for the petitioner submits at the Bar that the petitioner is not getting a copy of the said F.I.R. i.e. Shallang P.S. Case No. 17(6) 2014 under Section 323/506/34 IPC.

4.

The respondents are directed to furnish a copy of the said F.I.R./Case to the petitioner within 2 (two) weeks from the date of receipt of this order. It is also made clear that once the F.I.R. had been registered, it is bounded duty of the investigating officer to complete the investigation as soon as possible.

5.

In the above factual backdrop, the respondents are further directed to complete the investigation of the said F.I.R. i.e. Shallang P.S. Case No. 17(6)2014 within a period of 4 (four) months from the date of receipt of a certified copy of this order.

6.

In the result, this writ petition is allowed to the extent indicated above.