Meghalaya High Court
Shri Balason Marak And Ors vs The State Of Meghalaya And Ors on 17 June, 2014
Author: T Nandakumar Singh
Bench: T Nandakumar Singh
THE HIGH COURT OF MEGHALAYA
W.P.(C) No.241/2013
1. Shri. Balason Marak,
Resident of Village Damjonggre,
PS Tura, West Garo Hills,
Meghalaya.
2. Shri. Minsing Marak,
Resident of Village Damjonggre,
PS Tura, West Garo Hills,
Meghalaya.
3. Shri. Digan Marak,
Resident of Village Damjonggre,
PS Tura, West Garo Hills,
Meghalaya. ::::: Petitioners
-Vrs-
1. State of Meghalaya,
Represented by the Chief
Secretary, Shillong, Meghalaya.
2. The Superintendent of Police,
West Garo Hills District, Tura,
Meghalaya.
3. Officer - in - charge,
Tura Police Station, Tura,
West Garo Hills, Meghalaya.
4. Officer - in - charge,
Garobadha Out-post,
Garohadha, Tura,
West Garo Hills, Meghalaya.
5. Smti. Rami R. Marak,
Resident of Village Balalgre,
PS Tura, West Garo Hills, Tura.
6. Shri. Digin A Sangma,
Resident of Village Balalgre,
PS Tura, West Garo Hills, Tura.
7. Jengian Ch. Sangma,
Resident of Village Balalgre,
PS Tura, West Garo Hills, Tura.
8. Shri. Gujen R. Marak,
Resident of Village Damjonggre,
Tura, West Garo Hills District,
Meghalaya.
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9. Shri. Dijing A. Sangma,
Resident of Village Damjonggre,
Tura, West Garo Hills District,
Meghalaya.
10. Shri. Paseng R. Marak,
Resident of Village Damjonggre,
Tura, West Garo Hills District,
Meghalaya. ::::: Respondents
BEFORE THE HON'BLE MR. JUSTICE T NANDAKUMAR SINGH For the petitioners : Mr. HR Nath, Adv For the respondents : Mr. ND Chullai, Sr. GA Mr. KP Bhattacharjee, GA Ms. SG Momin, Adv for respdt.Nos.5, 7 & 9 None appears for respdt.No.6, 8 & 10.
Date of hearing : 17.06.2014
Date of Judgment : 17.06.2014
JUDGMENT AND ORDER(ORAL)
Heard Mr. HR Nath, learned counsel for the petitioners and Mr. ND Chullai, learned Sr. GA assisted by Mr. KP Bhattacharjee, learned GA appearing for the respondents No.1-4. Also heard Ms. SG Momin, learned counsel for the respondents No.5, 7 & 9. None appears for the respondents No.6, 8 & 10 inspite of proper service of notice of the present writ petition to them.
2. It appears from the record that the Magistrate concerned had misunderstood the proceedings under Section 107 Cr.P.C. and Section 145 Cr.P.C. The proceedings under Section 107 Cr.P.C. and Section 145 Cr.P.C. are taken up jointly in one proceeding. There cannot be composite proceeding. The proceedings under Section 107 Cr.P.C. and 145 Cr.P.C. are totally different and distinct. The proceeding under Section 145 Cr.P.C. relates with the cases where the dispute concerning land or water is likely to Page 2 of 5 cause breach of peace and proceeding under Section 145 Cr.P.C. is to be preceded by a preliminary order under Section 145(1) Cr.P.C.. The Magistrate shall pass preliminary order under Section 145 (1) Cr.P.C. only when the conditions prescribed for passing preliminary order as provided under Section 145(1) Cr.P.C. are fulfilled. Section 145(2) clearly expressed the meaning of "land" or "water" for the proceeding under Section 145 Cr.P.C. Section 107 Cr.P.C. is for keeping the peace. What are the requirements for proceeding under Section 107 Cr.P.C. are also mentioned in Section 107(1) of the Cr.P.C. itself?.
3. The present case is the one relates with dispute in possession of the land in dispute which is likely to cause breach of peace. Therefore, the appropriate proceeding in the present case would be the proceeding under Section 145 Cr.P.C. It is really surprising that against the order passed in a criminal proceeding, civil appeal had been filed. It is not known to the law. The Court recalls "true fact is stranger than fiction", and it is happening in this case. It is a well known fact and law that the Deputy Commissioner, West Garo Hills, Tura may function in two different capacities i.e. one taking up civil cases and another taking up criminal cases. While the Deputy Commissioner is taking up civil cases, he should be designated as Deputy Commissioner and when the Deputy Commissioner is taking up criminal cases, he should be designated as District Magistrate and in the similar manner his subordinate officers should be designated.
4. In the present case, civil appeal had been filed before the District Magistrate and the District Magistrate, who had registered it as Misc. Appl. No.97/12. The prayer sought for in the present writ petition is for a direction to the concerned Police Station i.e. Tura PS to comply with the Page 3 of 5 order passed by the District Magistrate. The Court is compelled to make an observation, if the order(s) passed by the District Magistrate are not respected and complied with by the Officer-in-Charge concerned, there shall be chaos in the administration of justice as well as chaos in the administration.
5. The ADM, Tura passed an order dated 19.12.2012 in Misc. Appl.No.97/12 (Annexure-VII to the writ petition) and also passed another order dated 16.01.2013 in Misc. Appl.No.97/12 (Annexure-VIII to the writ petition). It is stated in the writ petition that the Officer-in-Charge concerned i.e. Officer-in-Charge, Tura PS is not complying with the said orders passed by the ADM, Tura dated 19.12.2012 and 16.01.2013. If the said orders passed by the ADM, Tura are not complied with by the Officer-in-Charge, Tura PS, the learned ADM, Tura has a long hand to take up necessary action against the said Officer-in-Charge, Tura PS.
6. Considering the peculiar nature of this case, this writ petition is disposed of by directing the Officer-in-Charge,Tura PS to comply with the said orders of the ADM, Tura dated 19.12.2012 passed in Misc. Appl.No.97/12 and order dated 16.01.2013 passed in Misc. Appl.No.97/12 within a period of two weeks' from the date of receipt of a certified copy of this judgment and order.
7. In order to prevent the administrative chaos, the Court is making an observation that the concerned Officer-in-Charge has to comply with the lawful orders of the concerned ADM, Tura and also the ADM, Tura has to take up necessary action against the concerned Officer-in-Charge, if his orders are not complied with. The Registry is directed to send a copy of Page 4 of 5 this judgment and order to the Deputy Commissioner, West Garo Hills, Tura and Superintendent of Police, West Garo Hills, Tura.
8. With the above observations and directions, this writ petition is disposed of.
JUDGE Lam Page 5 of 5