SADIMLA K. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The grievances of the petitioner brought forth before this Court is that an FIR was filed before the Officer-In-Charge, Mendipathar P.S. North Garo Hills, Meghalaya by the respondent No. 3 alleging that her property has been trespassed upon by the petitioner and that some members of the petitioner's clan had forcibly opened and taken away some land documents from her house. The Officer-In-Charge, Mendipathar P.S. North Garo Hills, Meghalaya took cognizance of the said matter and issued a notice dated 30.04.2019 to the petitioner, to not enter the property under dispute, which is impugned herein. Being aggrieved as such, the matter is before this Court assailing action of the police as being arbitrary without jurisdiction or authority.

(2.) Heard learned counsels for the parties.

(3.) Mr. A.S. Siddiqui, learned counsel for the petitioner submits that the police by issuing the notice under Section 188 IPC and also the direction to quit and vacate the house of the petitioner amounts, prima facie, to a decree of a civil Court by which the petitioner has been confiscated of her property. He further submits that the police have no jurisdiction or authority under the Code of Civil Procedure or any other law to confiscate property on an FIR which discloses a dispute which is civil in nature. As such, he prays that the notice dated 30.04.2019 being bad in law be set aside and quashed and the parties be left to seek their own remedy before the appropriate forum that is the civil courts.