NONICKHA D. MOMIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner is before this Court, alleging harassment by the police authorities of Tura. Her grievance is that she has been illegally detained in the police station on 26/7/2022, from morning till evening in connection with Tura P.S. Case No. 156(07) 2022 u/s 447/448/506/34 IPC, but neither was her statement recorded nor was she interrogated. It is her further grievance that she is being made to regularly appear before the police every day, which is causing harassment and mental torture. Though it is submitted that a notice dtd. 23/7/2022 u/s 41A CrPC had been served upon the petitioner on 26/7/2022, she was served the same only after being detained for the whole day.

(2.) On this petition being presented, this Court by order dtd. 2/8/2022, had issued notice and directed the Additional Senior Government Advocate, to obtain immediate instructions within 2(two) days.

(3.) Today, the learned Addl. Sr. GA, Mr. R. Gurung has produced the Case Dairy. A perusal of the same reveals that Tura P.S. Case No. 156(07) 2022 u/s 447/448/506/34 IPC was registered on the basis of a written FIR dtd. 21/7/2022, against the petitioner herein for indulging in activities of illegal checking and interference in the Tura market, harassing traders apart from intimidating and threatening them. It is noted from the Case Dairy as recorded therein, that investigation is on, and statements has been recorded u/s 161 of a few witnesses, and it is also noted that on receipt of the notice u/s 41A CrPC, the petitioner did not appear but, was indulging in other activities which was creating tension. It appears that the petitioner on 26/7/2022, was also taken for medical examination and her statement was recorded.