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Judgments of Supreme Court of India and High Courts

Megha Jian vs The State Of Mizoram And 2 Ors on 12 June, 2019

Page No.# 1/3

GAHC010128842019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet. 638/2019

1:MEGHA JIAN
W/O. SRI KARTIK JAIN, D/O. SRI MAHABIR JAIN, R/O. 2ND FLOOR, SHIV
KUNJ, AADARSH NAGAR COLONY, OPPOSITE GAUHATI GOUSHALA,
CHATRIBARI, GUWAHATI-781008, DIST. KAMRUP (M), ASSAM.

VERSUS

1:THE STATE OF MIZORAM AND 2 ORS.
REP. BY PP, GOVT. OF MIZORAM, GUWAHATI HIGH COURT, PRINCIPAL
BENCH, GUWAHATI-781001.

2:THE STATE OF ASSAM
REP. BY PP
GUWAHATI HIGH COURT
GUWAHATI-781001.

3:SANJEEV JAIN
S/O. SRI SUMER MAL JAIN @ PAHARIA
R/O. CHANMARI RAMHLUN ROAD
AIZAWL
MIZORAM-786007
PERMANENT ADDRESS- HOUSE NO. A/51
C/O. SRI SUMERMAL JAIN @ PAHARIA
SURYA NAGAR
GHAZIABAD
U.P. 201011

Advocate for the Petitioner : MR. A K PURKAYASTHA

Advocate for the Respondent : GA, MIZORAM
Page No.# 2/3

BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

12.06.2019

Heard Mr. A. K. Purkayastha, learned counsel for the petitioner. I have

also heard Mr. A. D. Choudhury, learned Additional Advocate General/Public

Prosecutor for the State of Mizoram appearing on behalf of the respondent

No.1.

This Criminal Petition has been filed under Section 482 Cr.P.C. with a

prayer for quashing the F.I.R. dated 04.06.2018 based on which Aizawl P.S. Case

No.122/2018 has been registered under Section 406 IPC as well as the warrant of

arrest dated 09.05.2019 issued against the petitioner in connection thereof.

By referring to the F.I.R. Mr. Purkayastha submits that the same does not

disclose any ingredients of a cognizable offence, but the proceedings have

been initiated only to harass his client.

From a perusal of the materials available on record, I am of the prima

facie view that the F.I.R. does not disclose the ingredients of a congnizable

offence permitting the police to conduct investigation in the matter.

Mr. Choudhury, learned Public Prosecutor, Mizoram, prays for some time

to obtain instruction in the matter.

Issue notice returnable in six weeks.

Since the respondent No.1 is already represented, petitioner to take steps

for service of notice upon the respondent Nos.2 and 3. Steps by registered post

with A/D as well as by usual process within a week from today.

Page No.# 3/3

Heard on the prayer for interim relief.

Considering the facts and circumstances of the case, it is hereby

provided that the police may go ahead with the investigation of the case, if so

advised, but shall not initiate any coercive action against the petitioner without

the leave of this Court. Further, the warrant of arrest dated 09.05.2019 issued

against the petitioner shall remain suspended until further orders.

JUDGE

Comparing Assistant

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