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Judgment
Heard Mr. M. Prasad, learned counsel for the petitioner as well as Mr. H. Kharmih, learned GA for the State respondents No. 1-6 and Mr. A.
Barua, learned counsel for the respondents No. 7-11.
The brief fact of the petitioner''s case in a nutshell is that:
On 20th June, 2017 as well as on 23rd June, 2017 & 4th June, 2017, the five accused persons namely, Shri Bru Borman, Shri Paul
Sangma, Shri Pharbin Sangma, Shri Kyntu Borman and Shri Horilal Borman apart from threatening the writ petitioner and his family
with a death threat if they do not leave the village where they are staying, also demolished and destroyed the School property
managed by the petitioner and also the land cultivated by the petitioner himself and as of which the petitioner had lodged the first FIR
dated 25th June, 2017 before the respondent No. 5, however seeing no action being taken by respondent No. 5, the writ petitioner
submitted a representation to the respondent Superintendent of Police, East Khasi Hills annexing the copy of the said FIR dated 25th
June, 2017 with a request to sincerely look into the matter, but the same went off in vain. As such, taking note of the seriousness of
the offence the Managing Committee of the School also lodged an FIR on 01-07-2017 before the Officer-in-Charge, Mawsynram
Police Station against the same 5 (five) accused for destroying the school property as of which, the Officer-in-Charge, Mawsynram,
registered the case under Section 427/506/34 IPC, but none of the accused persons has been arrested till date.
The writ petitioner was again compelled to lodge another FIR on 06-07-2017 before the respondent No. 5 for the reason that the
main accused Shri Bru Borman, has issued an extortion note dated 29-06-2017 demanding Rs. 50,000/- from the petitioner on the
highly illegal ground that the writ petitioner went against him and the village, however respondent No. 5 i.e. the Officer-in-Charge,
Dangar Outpost, insisted that the writ petitioner has to hand first over the original letter dated 29-06-2017, issued by the above
accused persons and unless the same is supplied, he will not register the case and as such, till date he has not registered the case. And
on account of failure on the part of the respondent authority to take action against the accused persons, the writ petitioner was
continuously threatened by the accused, specially by the accused Shri Bru Borman to the extent of warning him that he would harm
the life of the family members and of the petitioner in particular, as such the writ petitioner was compelled to run away from his village
Nongkriah on 29th June, 2017 leaving behind his three minor children and wife in the village and now the writ petitioner is temporarily
taking shelter at Sunny Hill, Shillong. The petitioner seeing that his life and the life of the family is on the line because of the inaction of
the respondents No. 4 & 5, the petitioner in desperation again wrote a representation to the District Magistrate, Shillong on the 19-
07-2017 seeking police protection to protest his life and the family members as their life is in great danger in the hands of the above
accused, but till date the same remained unheard off. As such, the petitioner is left with no other option but to approach this Hon''ble
Court for justice and relief for the life and property of the writ petitioner, as well as his family members are at great risk in the hands
of the above accused, due to deliberate inaction on the part of the respondent State, particularly respondents No. 4 & 5.
When this instant matter was placed before this Court, the headman/respondent No. 7 as well as the Officer-in-Charge, Dangar Police Outpost,
East Khasi Hills District, the Superintendent of Police, East Khasi Hills District and the petitioner were directed to be present in Court along with
the report, and at that point of time, the headman/respondent No. 7 categorically denied that he has written the demand letter in question.
After hearing both the parties, this Court ordered for CID enquiry as well as directing the Superintendent of Police, East Khasi Hills District to
conduct an enquiry against the I/O concerned. The CID, Government of Meghalaya has filed an affidavit in compliance of the order dated
31.07.2017 on behalf of SSP (CID), Meghalaya, Shillong and the conclusion came that the FIR lodged by the petitioner Shri Hilarious Wanniang
is found to be false as the Forensic Laboratory while examining the handwriting does not support with the letter in question so issued by the
headman/respondent No. 7.
The learned counsel present before this Court on behalf of the petitioner has no logical submission to establish that the demand note served by
the headman is a genuine one.
After hearing the submissions advanced by the learned counsel for the parties and after perusal of the report filed by the CID, Government of
Meghalaya, I have come to the conclusion that the petitioner tried to mislead this Court by filing a false writ petition, which is unwanted and not at
all desirable. Since the petitioner has committed a crime by misleading this Court and filing a false writ petition, he is directed to pay costs of Rs.
50,000/- (Rupees fifty thousand) only with the Registry of this High Court within a month and the Registry in its turn shall deposit the said amount
in the account of the Director of Social Welfare Department, Government of Meghalaya who shall utilize the fund for the benefit of the Juvenile
Inmates residing in the Juvenile Homes. The Registrar General is also directed to inform this Court after a month whether the costs have been paid
or not.
With this observation and direction, the matter stands disposed of with a warning to the petitioner not to repeat the same in future.
The matter stands disposed of.