SAROJ YADAV Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-9-34
HIGH COURT OF MANIPUR
Decided on September 24,2019

Saroj Yadav Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

KH.NOBIN SINGH,J. - (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. 3.1. As the concerned authority failed to take any action in respect thereof, the petitioner filed a writ petition being WP(C) No.798 of 2016 which was disposed of with the direction to the Director General, Assam Rifles, South Manipur, Mantripukhri and the Commanding Officer of 31 Assam Rifles to consider the representations submitted by her on 9.4.2016 and 12.05.2016. But since no action was taken by them, the petitioner filed a contempt case being CC No.148 of 2017 for non-compliance of the order dated 19.10.2016 in which the Commanding Officer of 31 Assam Rifles filed an affidavit stating that they had conducted an enquiry against the personnel who are found to have caused injuries on the petitioner's husband and accordingly, a disciplinary proceeding was initiated against them for having consumed excessive liquor beyond authorization. 3.2. On 16.11.2017, the petitioner filed a complaint to the Officer-in-Charge, Kamjong Police Station, Manipur to book the culprits for attempting to murder and causing grievous injuries to her husband. A month's later, the Officer-in-Charge of the Chasad Police Station, Ukhrul District replied stating that they could not register a case without investigation as there was a writ petition being WP(C) No.798 of 2016 pending before this court. The petitioner on receipt of the said letter dated 16.12.2017 gave her reply dated 25.05.2018 to the Officer-in-Charge, Chasad Police Station, Ukhrul informing that the said writ petition being WP(C) No.798 of 2016 had already been disposed of on 19-10-2016. Despite the said letter dated 25-05-2018 being written by her, the respondent No.4 did not register FIR which prompted her to make a complaint dated 12.10.2018 to the Superin-tendent of Police, Ukhrul District for registering FIR against the said five culprits but the respondent Nos. 3 and 4 did not pay any heed towards the complaint of the petitioner and had not taken any action against the persons who had caused injuries to her husband. As the petitioner had recently delivered a child and was not in a position to come to the State of Manipur personally to file a complaint before the Magistrate nor was it feasible for the petitioner to come down personally and pursue the matter by registering FIR, the instant writ petition has been filed by her. ;


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