Shri Tarsus Khyllep vs State of Meghalaya and Others

The petitioner, who is said to have lodged an FIR with the allegation of assault on his brother on 31.12.2016, has filed this petition stating want

of action on the part of the police authorities and has given summary of his case as follows:

The petitioner is the brother of Shri Firstson Khyllep (victim). On 31.12.2016 one Shri Kara Singh Khyllep at around 3:30 P.M. has

beaten/assaulted Shri Firstson Khyllep (victim), the incident took place at the waiting shed of Mawlong Mawriang Village and the

Petitioner lodged a First Information Report before the In Charge, Tyllap Police Out Post on 1.1.2017. On 31.12.2016 after the

incident the family members took Shri Firstson Khyllep (victim) to the Primary Health Centre of Mawlong. The doctor incharge being

a case of assault immediately informed the police authority and the Police Personnel came to the said Primary Health Centre. The

victim was treated in the said Primary Health Centre however the doctor incharge of the said Primary Health Centre advised the

family members to take the victim to the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, that in spite

of the fact that the police personnel were aware that the injured person was a victim of crime, the police present at the Primary Health

Centre should have taken the injured person to the hospital for follow up action but it is very strange that the Police did not take the

injured person to the hospital as advised by the Doctor incharge. The victim around 9:30 P.M. on 1.1.2017 was admitted in North

Eastern Indira Gandhi Regional Institute of Health and Medical Sciences and the authorities of the said hospital advised for operation

but the victim refused and asked the authorities of the said hospital to discharge him, accordingly the said authorities discharged the

said victim and went back to the village. The police authorities has deliberately failed in performing their duties as there are eye

witnesses to the said incident but till date nothing has been done. Hence this Writ Petition.

The learned Government Advocate submits that as per his instructions, the Investigating Officer has already proceeded ahead with the

investigation and has taken the statements of about five witnesses; and the result of the investigation is likely to be submitted within a few weeks.

Having perused the material placed on record and having taken into consideration the facts and circumstances of the case and the submissions

made by the learned counsel for the petitioner as also by the learned Government Advocate, this Court is unable to find any ground for issuing any

writ, order or direction in this matter. Suffice it would be to observe that the concerned Investigating Officer would be expected to conclude the

investigation and to submit the result thereof to the Court concerned with reasonable expedition.

No case for issuance of any writ, order or direction being made out, this petition stands dismissed; but with the observations foregoing.