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2025 DAILYLAW 889 (MEG)

BIRENDRA PANDIT v. THE STATE OF MEGHALAYA AND 8 ORS.

WP(C)/254/2022 · 2025-03-21

I P Mukerji

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 254 of 2022 Date of order: 21.03.2025 Shri Birendra Pandit, S/o (L) Ram Sundar Pandit, R/o Santinagar, Kokrajhar, Assam – 783370 ...Petitioner - Versus - 1. The State of Meghalaya represented by the Chief Secretary, Government of Meghalaya, Shillong. 2. The State of Assam represented by the Chief Secretary, Government of Assam, Guwahati. 3. The Director General of Police, Meghalaya, Shillong. 4. The Director General of Police, Assam, Guwahati. 5. The Superintendent of Police, Ri Bhoi district, Meghalaya. 6. The Superintendent of Police, Baksa, Mushalpur, Assam. 7. The Director, North Eastern Police Academy (NEPA), Umsaw, Umiam, Ri Bhoi district, Meghalaya. 8. The Officer-in-Charge, Umiam Police Station, Ri Bhoi district, Meghalaya. 9. The Investigating Officer, In Umiam P.S. Case No. 16 (03) of 2022 ...Respondents Coram: Hon’ble Mr. Justice I.P. Mukerji, Chief Justice Serial No. 07 Daily List 2025:MLHC:196 Appearance: For the Petitioner : Mr. S. Deb, Adv. For the Respondents : Mr. S. Sengupta, Addl.Sr.GA with Mrs. I. Lyngwa, GA i) Whether approved for Yes/No reporting in Law journals etc.: ii) Whether approved for publication Yes in press: Note: For proper public information and transparency, any media reporting this judgment is directed to mention the composition of the bench by name of judges, while reporting this judgment/order. This writ petition arises out of the unnatural death of a police trainee from Assam undergoing training in the North Eastern Police Academy in Umiam, Meghalaya. It happened on 9th March, 2022. According to one version, he drowned in a swimming pool in the Academy. According to the victim’s family which lodged the first information report, there were 29 policemen near the victim and that the case of drowning by accident is not to be accepted. A full-fledged investigation, identification of the accused and framing of charge against them followed by a speedy criminal trial are the prayers in the writ. Learned counsel for the police authorities submits that the investigation is still continuing. 2025:MLHC:196 This Court is quite perplexed to hear that after three years the investigation could not be completed, hence, no charge-sheet could be filed. A criminal case has been started. This Court is not minded to interfere with the criminal proceedings. Nevertheless, considering the special facts of this case, this Court directs that the investigation must be positively concluded by 31st May, 2025, resulting in the filing of the charge-sheet before the learned trial court. Thereupon, the learned trial court will proceed with the trial in accordance with law and as expeditiously as the business of the court permits. This writ is, accordingly disposed of. (I.P. Mukerji) Chief Justice 2025:MLHC:196 Digitally signed by SYLVANA LIZ KHARBHIH Date: 2025.03.21 18:13:41 IST