OHIWOT KHONGLAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In this writ petition, the petitioner made a prayer for calling the related records of the Jowai PS. Case No. 123/1992 and also S/R Case No. 61/1992 or the original case diaries of Jowai PS Case No. 123/92, coupled with a prayer for a direction to the respondents for re-opening of the S/R Case No. 61/92 of Jowai PS Case No. 123/92 and for passing appropriate order or directions which this Court deems fit and proper in the matter.

(2.) Supporting the case of the petitioner, Mr. S.P.Mahanta learned counsel, contended that the writ petitioner has lodged an ejahar/ FIR dated 29.10.92 before the officer-in- charge, Jowai Police Station, Jowai, against Shri Davidson Diengdoh and his father Shri (Dr) DR Rymbui for taking legal action for committing an offence punishable under Section 420 IPC and seizure of the truck bearing registration No. ML.-04-2412. On receipt of the said FIR, a case being Jowai P.S.Case No. 123/92 under Section 420 IPC was registered and the investigating officer examined the Complainant/petitioner and the witnesses, but lastly, the said PS Case No. 123/97 was retuned in F.R. No. 2'0 of 1993 dated 27.8.93 under Section 420 IPC as against Shri Davidson Diengdoh in GR Case No. 200/92 and, that the said F.R. was accepted by the learned trial court namely, Shri I. Jyrwa, First Class Magistrate, Jowai Court, by his order dated 30.8.93 as in Annexure 3 to the writ petition.

(3.) The petitioner also contended, that he filed Money Suit No. 32/93 in the village Court of Jowai against Dr DR Rymbui but the said suit was dismissed on 13.7.93 on the ground, that defendent, Dr. D.R. Rymbui was not a necessary party in the suit. Thereafter, the petitioner filed representation dated 23.8.94 addressed to the Superintendent of Police, Jaintia Hills District, Jowai, for prosecution of Dr DR Rymbui under Section 420/406 IPC and thereafter, the Superintendent of Police, Jaintia Hills District, Jowai, informed the writ petitioner that the related S.R. Case No. 61/92 had been closed as the related F.R. No. 20/93 dated 27.8.94 under Section 420/406/506 IPC relates to breach of condition of contract which is non- cogninsable and for -recovery as compensation is civil in nature and the offence under Section 506 IPC has insufficient eviidence.