Biggestson Lyngdoh And 5 Ors. vs State Of Meghalaya And 5 Ors.

Crl.

Petn.

No.

5 of 2020 Page 1 of 2 Serial No.

01 Supplementary 1 List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.

5 of 2020 Date of Order: 25.02.2020 Shri Biggestson Lyngdoh & 5 Ors.

Vs.

State of Meghalaya & 5 Ors.

Coram: Hon’ble Mr.

Justice H.

S.

Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr.

S.M.

Suna, Adv.

For the Respondent(s) : Mr.

A.

Kumar, AG with Ms.

S.G.

Momin, Addl.

P.P. i) Whether approved for reporting in Yes/No Law journals etc. ii) Whether approved for publication in press: Yes/No ORAL 1.

Heard Mr.

Suna, learned counsel for the petitioners and Mr.

Kumar, learned AG assisted by Ms.

Momin, learned Addl.

P.P. for the respondents.

2.

The facts as contained in this application are that the impugned order dated 24.02.2020 was passed by the Executive Magistrate directing the petitioners to execute a bond under Section 107 Cr.P.C. for keeping peace and tranquility for a period of 6 months, pursuant to a show cause issued under Section 111 Cr.P.C. dated 19.02.2020.

The case of the petitioner is that apart from the petitioner No.

1, no notice was ever issued to the other petitioners herein to enable them to file their show cause within the stipulated time.

3.

The petitioners are highly aggrieved as by the impugned order, they have been directed to file their bonds today the 25th February, 2020 at Crl.

5 of 2020 Page 2 of 2 12 noon failing which warrant under Section 122 Cr.

P.C. would be issued against them.

The petitioners limited prayer before this Court is for a direction to allow them sufficient time to file show cause and to appear before the learned Magistrate.

4.

After hearing both sides and though the nomenclature of the petition is not appropriate for a proceeding under Section 482 Cr.P.C. however in the interest of justice, and considering the fact that the grievance seems to be genuine, the instant criminal petition is disposed of with a direction that the Executive Magistrate, East Khasi Hills District, Pynu rict, Pynursla Civil Sub-Division shall afford opportunity to the petitioners to file show cause and for execution of a bond thereafter, if deemed necessary.

5.

Accordingly, the impugned order is kept in abeyance in its operation and the petitioners are directed to appear before the Executive Magistrate, Civil Sub-Division, Pynursla on 28.02.2020 at 11.00 A.M. who will then proceed with the matter in accordance with law.

6.

With the above directions, the instant criminal petition stands disposed of.

JUDGE Meghalaya 25.02.2020 “V.

Lyndem PS”