SIKANDER ALI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners by way of the present criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 seek quashing of the order dated 06.07.2017 passed by the Sub-Divisional Officer, Dadanggre in Misc. Case No. 43 of 2012 in reference to the Phulbari Non FIR Case No. 127-147 under Sections 107/145 CrPC and order dated 10.08.2018 passed in Criminal Appeal No. 1 of 2018 passed by the Additional District Magistrate, Tura, West Garo Hills refusing to intervene into the order dated 06.07.2017 passed by the SDO, Dadenggre in Misc. Case No. 43 of 2012.

(2.) Learned counsel for the petitioners submitted that the SDM (Executive), Dadenggre, Civil Sub-Division, West Garo Hills, Meghalaya had passed an order in respect of the proceedings under Section 145 Cr.PC on 10.07.2017. It was claimed that the petitioner had filed a Criminal Appeal No. 1 of 2018 impugning the said order dated 10.07.2017 before the Additional District Magistrate (J) (Executive), West Garo Hills, Tura wherein, the appellate court had recorded that since the case is subjudice in the court of the SDM (Dadenggre), therefore, the appellate court cannot adjudicate at that level and the appellant was directed to approach the SDM (Dadenggre) where the case is subjudice.

(3.) Learned counsel submitted that a written statement had been filed before the Sub-Division Magistrate (Dadenggre) on 24.07.2017 substantiating the claim of the petitioner in respect of the disputed land. However, neither the Sub-Division Magistrate (Dadenggre) nor the appellant court had taken cognizance of the said written statement.