KHUPKHOLEN HAOKIP Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This is a petition praying for setting aside quashing the impugned FIR No.4 (05) 2019 CKG PS u/s 340/347/390/441 and 34 IPC, 18 ND and PS Act and 28 Arms Act (Annexure C/1). The said FIR was registered against 11 accused persons including the petitioner and other unknown persons on the false allegation made by the Respondent No.4.

(2.) The respondent No.4 filed a complaint petition being Criminal (C) Case No.7 of 2019 before the Learned CJM, Chandel against the petitioner and other accused persons mentioned in the FIR. The Petitioner is a member of the Autonomous District Council from 23- Sajik Tampak Constituency, Chandel and having the domicile of the state of Manipur. As such, petitioner is entitled to all the privileges, rights and protections guaranteed by the Constitution of India and the laws and acts for the time being in force. The claim made by the respondent No.4 is civil in nature as the ownership of the said land as claim by the respondent No.4 as legal heir on the demise of his father will be strongly objected by the petitioner's father as at no point of time Sonjakhup had never sold any land to late Holkhomang Haokip in the year 1992. The power of attorney holder, namely Lunkhothang Haokip, filed a complaint at the SDO/SDM Chakpikarong dated 11.01.2019 for illegal occupation of land and the cultivation and as such the SDO/SDM passed an order dated 14.02.2019 under section 144 Cr.PC. The power of attorney holder filed another complaint dated 25.02.2019 for disobedience of the SDO/SDM order dated 14.02.2019 to the Officer-in-Charge, Chakpikarong police station as well as to the SDO/SDM. The Chakpikarong police personnel arrested the father of the petitioner, namely Paolun Haokip in connection with the above referred FIR case on 13.06.2019 and produced before the Learned CJM, Chandel on 14.06.2019 and was remanded to police custody till 17.06.2019.

(3.) During the ethnic clash the kukis and nagas (1993) one Ngulkhomang Haokip along with some 5/6 persons approached the accused persons and his father to allow him to settle in his village area. Paolun and his father allowed them to settle in their village area with a condition that they can stay in the said portion of their village and they can utilize the land as per their wish however, they cannot sell or mortgage the said area which has been allotted to them by the chief of the village i.e. they have been given permissive possession by the chief of the Longja village. Thus, Ngulkhomang Haokip had executed an agreement deed dated 21.12.1993 by taking customary oath that in the future if he is unable to settle in Kholmunlen village he shall willfully hand back the entire land of the village to Shri Paolun Haokip.