MD. MOYNAL HOQUE Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-1-9
HIGH COURT OF MEGHALAYA
Decided on January 30,2020

Md. Moynal Hoque Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

Mohammad Rafiq,CJ. - (1.) This writ petition has been filed by the petitioner Shri Md. Moynal Hoque, inter alia, with the prayer that the respondent-Police authorities be directed to cause an enquiry into his FIR dated 19.12.2019 and take action against the private respondents No. 4 and 5 who have forcibly encroached upon land of which he holds a valid patta and have started raising construction.
(2.) Learned counsel for the petitioner submitted that despite his approaching the police, neither have they registered his FIR nor taken any action against the respondents to such unauthorised construction. He also faced constant threat to his life and his family. Even though he requested the police to provide him protection but they have not done so.
(3.) Learned State counsel appearing for respondents No. 1 to 3, submits that as far as civil dispute is concerned he can file a civil suit for declaration as also injunction, if so advised. As regard the alleged criminal action of the respondents, the petitioner cannot straight away file a writ petition. Learned State counsel in the judgment of the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh and Ors.: (2008) 2 SCC 409, argued that if a person is aggrieved that the police is not registering the FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police by an application in writing. Even if that does not yield any satisfactory result or even if no proper investigation is held, it is open to him to file an application under Section 156 (3) Cr.P.C. before the concerned Magistrate.;


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