LAWS(MANIP)-2019-9-34

SAROJ YADAV Vs. STATE OF MANIPUR

Decided On September 24, 2019
Saroj Yadav Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) Heard Shri H. Kenajit, learned Advocate appearing for the petitioner and Shri Niranjan Sanasam, learned Government Advocate appearing for the respondents.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respon-dents to register FIR against the Assam Rifles personnel who had caused serious injuries to her husband and hatched conspiracy to prove that her husband consumed excessive liquor on the date of the incident so as to protect other personnel who had beaten up her husband.

(3.) Facts and circumstances as narrated in the writ petition are that on 24.03.2016 when a function was organized by the battalion in celebration of Holi festival at football ground, Shri Nampisa and the petitioner's husband were given duty to organize the programme. While Rifleman Santosh Kohli and the petitioner's husband were dispatching items, the JCO (Naib-Subedar), D.P. Oniyal came to the football ground in a drunken state and after telling something to Shri Santosh Kohli, he started beating the petitioner's husband. After sometime they took the petitioner's husband to Barrack No.3 where he was beaten up by Constable P. Phukan, Lalmoon Saaga, Roshan Jela and Milan Sunar because of which the petitioner's husband received severe injuries on his head and knee and lost his consciousness. His uniform were torn and could not walk by himself.