M. KHURIPOU Vs. PAMEI DIMPU

JUDGEMENT

(1.) In the complaint case in Criminal Complaint No.6 of 2014 filed by the Respondent before the Learned Judicial Magistrate, 1st Class, Churachandpur now being sought to be quashed, the Respondent has not only made false claim but alleged commission of offences by the Petitioners when no complaint or report has been lodged by the alleged victim/individuals themselves. In the complaint case, the respondent falsely claimed himself to be the Secretary of Lamdan Village Authority when in fact he has already voluntarily resigned from Secretaryship as far back as 21.10.2013. The Respondent made another claim that the Petitioner No.1 and the Petitioner No.2 herein are self styled Chief and Secretary of Lamdan Village which again are clearly false in view of the Petitioner No.1 being appointed as the Chief/Khullakpa of Lamdan Village by an unanimous verdict by the Special General Body Meeting of Lamdan Village by an unanimous verdict by the Special General Body Meeting of Lamdan Village held on 08.06.2013 and such appointment of the Petitioner No.1 as Chief/Khullakpa has been ratified and approved by the Deputy Commissioner, Churachandpur after a thorough enquiry vide her order dated 21.01.2014. Thereafter, the name of the Petitioner No.1 has been officially entered and recorded in the Govt. Records/Tauzi Books as per the order of the SDO, Henglep dated 05.02.2014.

(2.) The Petitioner No.1 is still the secretary of Lamdan Village Authority, when the Petitioner is not having voluntarily resigned as far back as on 21.10.2013 when the Petitioner submitted a self written resignation application which was eventually accepted by the Lamdan Village Authority members. Thereafter the present Petitioner No.2 was appointed as Secretary of Lamdan Village Authority in a General Body Meeting of Lamdan Village held on 17.03.2014. The Respondent completely made a false claim of being the Secretary in the complaint petition when in fact he has stopped functioning as such since 21.10.2013. The Petitioner Nos.1 and 2 are self styled Chief/Khullakpa and Secretary of Lamdan Village when infact, the Petitioner No.1 is duly appointed Chief/Khullakpa of Lamdan Village on being appointed as such by a General Body Meeting held on 08.06.2013 and his appointment has been ratified and recognized by the State Authorities i.e., Deputy Commissioner, Churachandpur vide her order dated 20.01.2014 and Petitioner No.1 has been entered and recorded in the official records/Tauzi Book of the State Authorities vide the SDO, Henglep order dated 05.02.2014.

(3.) One Maringmel Acham, the son of the earlier Chief was disheartened by the appointment of the Petitioner No.1 as the Chief of Lamdan Kabui Village and started harbouring a grudge, hatred and revengefulness against the Petitioners. Accordingly, by forging his father's signature he raised objection to the appointment of the Petitioner No.1 as Chief before the Deputy Commissioner, Churachandpur. The Deputy Commissioner Churachandpur also conducted an thorough enquiry regarding the appointment of Petitioner No.1 as the Chief/Khullakpa of Lamdan Kabui Village wherein the Deputy Commissioner not only gave both the parties to present their cases but also conducted an independent enquiry by ordering the SDO, Henglep to make a spot visit and find out all actual facts. The direction to the SDO, Henglep was made by the Office of the Deputy Commissioner, Churachandpur made spot filed visit and submitted his enquiry report to the Deputy Commissioner. As per the enquiry report of the SDO, 57 households of the total 87 households of Lamdan Kabui Village supported the claim and appointment of Petitioner No.1 as the Chief/Khullakpa of Lamdan Kabui Village.