RAJESH KUMAR AGARWAL Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD .

(2.) BY means of this writ petition, the petitioner has sought mandamus directing respondents No. 2 and 3 to open the lock of the Shop No. DF -2 situated in Glory 's Plaza, Shillong.

(3.) LEARNED counsel for the writ petitioner submitted that the Police has no power in the above facts and circumstances, to put a lock on the shop. In reply to this, learned counsel for the respondents No. 1 to 3 submitted that after the parties started quarrelling over the possession of the shop and there was apprehension of breach of peace, as such, Sadar P.S. non -FIR Case No. 2 of 2014 Pt -I under Section 107/145 CrPC was registered, and the report was submitted to the Munsiff, Shillong. It is also stated that respondent No. 4, Shri Abdul Muquit got lodged FIR against one Md. Humayun (one of the employee of the shop) and cross FIR was lodged by Ashraf Hussain against present respondent No.4 (Shri Abdul Muquit, defendant in the suit pending before the Civil Court) in which the investigations are on.