Meghalaya High Court
Shri. Ramsing Momin vs Shri. Thangson G. Momin on 4 May, 2017
Author: Sr Sen
Bench: Sr Sen
1
THE HIGH COURT OF MEGHALAYA
AT SHILLONG.
CRL.PETN. No. 8 of 2017
1. Shri Ramsing Momin,
Son of (L) Deman Sangma
2. Shri Arpin Shira
Son of Shri Maepish Sangma
3. Shri Ewilton Momin
Son of (L) Holmin Sangma
4. Shri Rapheal Momin
Son of (L) Kairing Sangma
5. Shri Peaceman Sangma
Son of (L) Tonang Sangma
6. Shri Grikson Sangma
Son of (L) Idit Marak
7. Shri Saithaban Momin
Son of (L) Thomba Singh
8. Shri Cheng Cheng Momin
Son of Shri Raphael Momin
9. Shri Balnang Momin
Son of (L) Kla Momin
All resident of Village Rongmil, P.O. &
P.S. Rongjengm, East Garo Hills District,
Meghalaya. ... Petitioners
- Versus -
1. Shri Thangson G. Momin
Son of Shri Kelwil Sangma,
R/o Village Rongmil
P.O. & P.S. Rongjeng, East Garo Hills
District, Meghalaya.
2. Shri Jalendro Shira
S/o Lt. Silnet Marak
R/o Village Rongmil, P.O. & P.S.
Rongjeng,
East Garo Hills District, Meghalaya.
2
3. Shri Teron Momin
S/o (L) Piorsing Momin
R/o Village Rongmil, P.O. & P.S
Rongjeng, East Garo Hills District,
Meghalaya. ... Respondents.
BEFORE
THE HON'BLE MR JUSTICE SR SEN
For the Petitioners : Mr. M. Haldar, Adv.
For the Respondent s : Mr. S. Dey, SC, GHADC
Date of hearing : 04.05.2017
Date of Judgment & Order : 04.05.2017
JUDGMENT AND ORDER (ORAL)
Heard Mr. M. Haldar, learned counsel for the petitioners as well as Mr. S. Dey, learned Standing counsel for the GHADC.
2. The brief fact of the petitioner's case in a nutshell is that:
"The petitioners by way of this petition under Section 482 Cr.P.C are seeking appropriate directions from your Lordships in exercise of inherent powers under Section 482 Cr.P.C for quashing of proceedings in C.R. Case No. 3 of 2014 pending in the Court of Shri V.R. Marak, Magistrate First Class, Subordinate District Council Court, GHADC, Tura.
That the petitioners before your Lordships are aggrieved by the institution of C.R. Case bearing No.
3 of 2014 filed by the complainant respondent in the Court of Shri V.R. Marak, Magistrate First Class Subordinate District Council Court, GHADC, Tura under Sections 324/384/420/506/34 IPC. The respondents as complainants filed the said case against the petitioners and the Learned Subordinate Court below without application of judicial mind took cognizance of the same and issued process to the 3 petitioners requiring their presence to answer the said charges under the aforesaid sections of law.
That the Learned Subordinate Court below registered the said complaint petition and after recording the statement of the complainant issued process to the respondent accused persons vide order dated 27-08-2014, the petitioners herein without recording satisfaction for taking of cognizance of complaint as provided in the procedural law.
Being aggrieved and dissatisfied by the order dated 27/08/2014 the petitioners are before your Lordships invoking inherent powers vested in this Hon'ble High Court under Section 482 Cr.P.C for quashing of proceeding in C.R. Case No. 3 of 2014 pending in the Court of Shri V.R. Marak, Judicial Magistrate First Class, Subordinate District Council Court, GHADC, Tura".
3. The learned counsel for the petitioners submits that there is a complaint case bearing C.R. Case No. 3 of 2014 pending before the Magistrate First Class, Subordinate District Council Court, GHADC, Tura and inspite of regular attendance of the petitioner, the trial has not begun till date for almost three years.
4. Mr. S. Dey, learned Standing counsel for the GHADC is present.
5. After hearing the submissions advanced by the learned counsel and after perusal of the case record, I am of the view that it will not be wise if the case remains pending. Therefore, I direct the Magistrate First Class, Subordinate District Council Court, GHADC, Tura to start the trial immediately and to complete the trial within 6(six) months from the date of receipt of a copy of this judgment and order.
46. With this observation and direction the petition is allowed and stands disposed of.
JUDGE D. Nary