L.NAGESWARA RAO.J. - (1.) This Appeal is filed against the rejection of an application filed by the Appellant under Section 482 of the Code of Criminal Procedure, 1973 for quashing FIR Laban PS Case No.72(7)2020 dated 06.07.2020 registered under Sections 153 A, 500 and 505 (1) (c) of the Indian Penal Code, 1860.
(2.) A press release was issued by the Assistant Inspector General of Police (A) on 04.07.2020 in which there was a reference to an incident on the day prior. The incident had led to registration of a crime at Laban Police Station under Sections 326/307/506/34 IPC. It was mentioned in the press release that around 12:30 pm, about 25 unidentified boys had assaulted youngsters playing basketball in Block 4, Lawsohtun with iron rods and sticks. Arindam Deb, Subharashi Das Paspurkayastha, Saptarshi Das Purkayashta, Binak Deb, Bishal Ghosh and Prittish Deb had sustained injuries in the incident. The injured had been rushed to Woodland Hospital for medical assistance. It was stated in the press release that some suspects had already been arrested and that interrogation was in progress. An appeal was made to the public to assist the investigation team in identifying the perpetrators of the crime. A warning was given that nobody should breach communal peace and harmony.
(3.) On the same day, the Appellant uploaded a post on Facebook, which reads as follows: Patricia Mukhim 4 July at 04:07. Facebook for Android Conrad Sangma CM Meghalaya, what happened yesterday at Lawsohtun where some Non-Tribal youth playing Basketball were assaulted with lethal weapons and are now in Hospital, is unacceptable in a state with a Government and a functional Police Force. The attackers allegedly tribal boys with masks on and should be immediately booked. This continued attack of Non-Tribals in Meghalaya whose ancestors have lived here for decades, some having come here since the British period is reprehensible to say the least. The fact that such attacker and trouble mongers since 1979 have never been arrested and if arrested never penalized according to law suggests that Meg ha lay a has been a failed State for a long time now. We request your government and the police force under the present DGP, R. Chandranathan, to take this matter with the seriousness it deserves. Show us the public that we have a police force we can look up to. And what about the Dorbar Shnong of the area? Don't they have their eyes and ears to the ground? Don't they know the criminal elements in their jurisdiction? Should they not lead the charge and identify those murderous elements? This is the time to rise above community interests, caste and creed and call out for justice. We hope that this will not be yet another case lost in the Police files. We want action. Criminal elements have no community. They must be dealt with as per the law of the land. Why should our Non-Tribal brethren continue to live in perpetual fear in their own state? Those born and brought up here have as much right to call Meg ha lay a their State as the indigenous Tribal does. Period. ;