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2025 DAILYLAW 1411 (MEG)

SS48571W - MAJOR VINAY KUMAR SINGH v. STATE OF MEGHALAYA AND 7 ORS

Crl.Petn./71/2024 · 2025-02-05

B Bhattacharjee

body2025

Judgment text

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Serial No.02 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl. Petn. No. 71 of 2024 Date of Order: 05.02.2025 ____________________________________________________________ SS48571W - Vs. 1.The State of Meghalaya Major Vinay Kumar Singh Represented by Chief Secretary, S/o – Jai Prakash Singh Government of Meghalay. On Deputation to Assam Rifles Assistant Chief Law Officer, 2.Secretary, Department of Law, HQ, DGAR, Government of Meghalaya. Shillong - 793010 3.The Director General of Police, Meghalaya. 4. Superintendent of Police, Ri-Bhoi District, Meghalaya. 5.Superintendent of Police, East Khasi Hills District, Meghalaya. 6.Officer-in-Charge, Umiam Police Station, Ri-Bhoi, Meghalaya. 7. In-Charge Kenche’s Trace Beat House, Shillong, Meghlaya. 8.Officer-in-Charge, Laban Police Station, Shillong, Meghalaya. ….Petitioner. …..Respondents. Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge 2025:MLHC:23 Appearance: For the Petitioner/Appellant(s) : Mr. S. Deb, Adv. For the Respondent(s) : Mr. R. Gurung, GA. ORAL:- Heard Mr. S. Deb, learned Counsel appearing for the petitioner. By this application under Section 528 of BNSS, the petitioner has raised his grievance against non-registration of police case consequent to an incident which has happened on 15-09-2024 resulting in bodily injuries to the petitioner. It is submitted by the learned Counsel for the petitioner that after the incident, the petitioner was taken to the Assam Rifles Hospital, DGAR and then referred to the Military Hospital, Shillong wherein after medical examination; the matter was referred to Kench’s Trace PS as Medico Legal Case. The prime contention in this petition appears to be against the failure of the police authority to register a case and launch an investigation into the matter. Mr. R. Gurung, learned GA appearing for the State respondents has opposed the maintainability of this petition and submitted that even if the allegation of the petitioner is taken as true, he has other remedy prescribed under law and cannot directly approach this Court under Section 528 BNSS to seek redressal of his grievances. During the course of hearing, it is brought to the notice of this Court by the learned Counsel for the petitioner that consequent to the filing of this application, a case has been registered by the Umiam Police Station vide 2025:MLHC:23 Umiam PS Case No. 2 (1) of 2025 under Sections 109(1), 117 (3), 126(2), 337, 339, 61(1), 3 (5) of BNSS in relation to the incident which had occurred on 15-11-2024. In view of the submission, it appears that there remains no grievance for the petitioner and no direction is called for at this stage. However, it is expected that investigation of the above case would be completed as early as possible With the above this petition stands disposed of . Judge Meghalaya 05.02.2025 “Biswarup PS” 2025:MLHC:23 Digitally signed by BISWARUP BHATTACHARJEE Date: 2025.02.05 18:17:08 IST