MADONBAI RYMBAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This instant petition is directed against the FIR dated 10.02.2014 and investigation pending under Jowai P.S. Case No. 45(2) 2014 U/s. 406/506/34 IPC.

(2.) THE petitioner's case in nut shell is that, "this is an application under Section 482 Cr.P.C. praying for quashing and setting aside the FIR dated 10.02.2014 and the proceedings in Jowai P.S. Case No. 45(2)2014 U/s. 406/506/34 IPC and the same is pending for disposal. The factual matrix of the case in brief is that the applicant is a member of the JHADC from Khliehtyrshi -Sohmynting constituency. During the relevant period the applicant was also an Executive Member of the Dorbar Shnong Khliehtyrshi. In the year 2010, the lands belonging to various landowners, which included the land of the petitioner as well as that of Dorbar Shnong Khliehtyrshi, were acquired by the Government for construction of Jowai by -pass road. The Collector, fixed the land compensation in respect of the land belonging to the Dorbar Shnong Khliehtyrshi at Rs. 1,00,05,947.60. The land compensation for the plot of land of the applicant was fixed at Rs. 15 lakh in respect of his plots of land from the office of the Collector. In respect of the land compensation for the land of Dorbar Shnong Khliehtyrshi, the Executive Committee of the Dorbar Shnong Khliehtyrshi vide resolution dated 31.08.2010 had authorized the applicant, who at that point of time was only one of the Executive Member of the Executive Committee of Dorbar Shnong Khliehtyrshi, to negotiate and collect the land compensation from the Collector. The applicant accordingly collected the land compensation amount of Rs. 1,00,05,947.60 from the collector. The Dorbar Shnong Khliehtyrshi wanted to utilize the said land compensation for purchasing new lands for setting up play ground and school for the use and benefits of the residents of the village. Accordingly, vide Sale Deed dated 07.11.2010 a plot of land measuring about 26,632 Sq. Ft. in Khliehtyrshi village was purchased for a sum of Rs. 45 lakh for construction of football ground. Vide another Sale Deed dated 07.11.2010, another plot of land measuring about 17,822 Sq. Ft. was purchased for a sum of Rs. 35 lakh for construction of a School. As such, a total amount of Rs. 80 lakh was spent out of the land compensation of Rs. 1,00, 05,947.60p in purchasing the aforesaid two plots of land and the balance amount of Rs. 20,05,947.60p was lying with the Dorbar Shnong, which was subsequently utilized by the Dorbar Shnong Khliehtyrshi for other development works like construction of footpath, repairing of school, payment of teachers' salary etc. As such, the entire amount of land compensation received has been properly accounted and utilized for various developmental purposes of the village and for the benefits of its residents. The election for the District Council was due to be held on 24.02.2014; the applicant filed his nomination and was one of the contesting candidates at the election from Sohmynting -Khliehtyrshi constituency. While the elections were in progress and political fortunes at stake, the other candidates from the said constituency and others in the opposition were leaving no stone unturned to malign the image of the applicant in order to get political mileage at the election and deprive him of office. At the behest of the candidates of the other political party, the respondents No. 2, 3 and 4 lodged an FIR with the Jowai Police Station on 10.02.2014 alleging that the applicant, in collusion with other office bearers of Dorbar Shnong Khliehtyrshi has misappropriated the land compensation amount of Rs. 1,15,05,947.60p with regard to land belonging to Dorbar Shong, Khliehtyrshi, for which the money belonged to Dorbar Shnong Khliehtyrshi. The said FIR has been registered as Jowai P.S. Case No. 45(2) 2014 U/s. 406/506/34 IPC. The FIR was lodged without verifying the records of the Dorbar Shnong Khliehtyrshi. The records in the office of the Dorbar Shnong Khliehtyrshi has full accounts of the said amount of compensation amount of Rs. 1,00,05,947.60 which has been utilized for purchasing of lands for constructing football ground and for construction of School and the remaining amount has been spent for various developmental works. However, the respondents No. 2, 3 & 4, without ascertaining the facts and with ill motives to malign the image of the applicant in the said elections, lodged an FIR. The said FIR, on the face of it, was motivated purely by political considerations and was a pre -planned and concerted move on the part of the political opponents to malign the image of the applicant when the elections to the District Council were underway. This is evident from the fact that, payment of land compensation was made by the Collector, Jaintia Hills District on 5.8.2010 and 7.8.2010 and the FIR has been lodged in February 2014, after more than 3 1/2 years. The FIR was an abuse of process of law in as much as the same has been filed with an ill motive to jeopardize and hamper the political career of the applicant and as a political propaganda to malign and defame the applicant at the time of the District Council Elections where the applicant was one of the contesting candidates."

(3.) ON the other hand Mr. SP Mahanta, the learned senior counsel appeared for on behalf of the respondents No. 2,3 & 4 submitted that, definitely there is some conspiracy and it is also a fact that those affected persons whose lands have been acquired have not received any compensation. The learned senior counsel further contended that, Section 482 CrPC should not be invoked un -necessarily where there is prima facie case. In support of his submission, the learned senior counsel relied on the Judgment of the Hon'ble Apex Court in the case of Arun Bhaddari vrs. State of Uttar Pradesh & Ors. reported in : (2013) 2 SCC 801.