KITBOK RYMBAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Vide order dtd. 28/6/2019 passed in GR Case No. 127 of 2015, the learned Magistrate First Class, Subordinate District Council Court, Jowai after hearing the accused person therein who is the Petitioner herein and after calling upon him to answer to the charges under Sec. 188/506 IPC for offences said to have been committed by him has passed the impugned order whereby, the learned court has found that no case can be made out under Sec. 188 IPC, however the charges under Sec. 506 IPC is made out against him to which charges have been framed against him accordingly.

(2.) The Petitioner/accused being aggrieved by the said order mentioned above has approached this Court by way of this application under Sec. 482 Cr.P.C with a prayer to set aside and quash the same.

(3.) Facts as could be ascertained on the petition in hand including the annexures therein is that, on 29/5/2015, an FIR was lodged before the Officer in-Charge Ummulong Police Out Post by the Respondents No. 3 and 4 herein as complainants to the effect that the Petitioner herein as headman of Khliehtyrshi village has issued residential and birth certificates to the residents which is highly illegal and in disobedience to the order of the High Court of Meghalaya dtd. 10/12/2014 passed in WP(C) No. 363 of 2014. On being opposed by the said Respondents, the Petitioner has threatened to hurt and defame them. In the said FIR, the Respondent No. 3 has further alleged that the Petitioner has threatened her on 11/5/2015 when she met him near her house and had objected to his illegal claim over the land of Respondent No. 4 herein. Again, on 25/5/2015, the Petitioner has again threatened to hurt the Respondents No. 3 and 4 after they opposed his illegal intention to claim the land of Respondent No. 4. By misusing his powers as headman, he has threatened and used abusive language against Respondents No. 3 and 4. The FIR was registered as Jowai P.S Case No. 127(6) 2015 under Sec. 188/506 IPC and on investigation being launched and completed, the charge sheet was filed before the court and at the stage of consideration of charges after hearing the parties, the said impugned order was passed.