ANDREW A. JYRWA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this criminal petition, the petitioner has challenged the order dtd. 6/11/2023 passed in C.R. Case No. 73(A) 2022, under Sec. 145/107 Cr.P.C. by the Executive Magistrate, East Khasi Hills District, Shillong and also prayed for quashing of the entire proceeding pending before the learned Executive Magistrate.

(2.) Mr. N. Syngkon, learned Counsel for the petitioner submits that the impugned order dtd. 6/11/2023 was passed by the Executive Magistrate mechanically without realizing the fact that the petitioner is not involved in the matter in his personal capacity. He submits that the petitioner is only discharging his role as the Headman to protect the interest and welfare of the locality and, in such a situation, the passing of the order dtd. 6/11/2023 is totally uncalled for and unwarranted. He further submits that as there is already a civil suit pending between the petitioner and the respondent No.5 involving the land in question, there is no requirement of continuation of CR Case No. 73 (A)2022. By placing reliance on the decision of the Apex Court dtd. 1/11/2022 in Mohd. Abid and Ors. Vs. Ravi Naresh and Ors., the learned Counsel submits that once there is a proceeding pending in the civil court concerning a particular plot of land, any proceeding u/S 145/107 Cr.P.C initiated in respect of the same plot of land must come to an end. He, therefore, submits that no meaningful purpose would be served by allowing the proceeding of C.R. Case No. 73(A) 2022, u/S 145/107 Cr.P.C to continue and prays for quashing of the same.

(3.) Mr. S. Sen, learned GA, on the other hand, does not dispute the submissions advanced on behalf of the petitioner. He submits that since there is already a civil suit pending between the petitioner and the respondent No.5 and some sort of interim direction has been passed in the said civil suit, the State-respondent will not have any objection if the proceeding of C.R. Case No.73(A) 2022 comes to an end.