Meghalaya High Court
Date Of Order: 19.03.2026 vs The State Of Meghalaya on 19 March, 2026
2026:MLHC:261
Serial No.01
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.Petn.No.8/2025
Date of Order: 19.03.2026
Smti. Nagma Khatoon .... Petitioner
Vs.
1. The State of Meghalaya, represented by its Secretary, Home
(Police) Department, Government of Meghalaya.
2. The Officer-in-Charge, Lumdiengjri Police Station,
Lumdiengjri, Shillong-793002.
3. The Investigating Officer, Lumdiengjri Police Station,
Lumdiengjri, Shillong-793002.
4. Shri Tauseef Reza
5. Md. Zubair
6. Smti. Afsana Khatoon
..... Respondents
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Appearance:
For the Petitioner : Mr. S. Sen, Adv with
Mr. S. Paul, Adv
For the Respondents : Mrs. T. Yangi B., AAG with
Mr. J.N. Rynjah, GA
Ms. A.D. Sharma, LAC for R/5&6
i) Whether approved for reporting in No
Law journals etc.:
ii) Whether approved for publication
in press: No
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JUDGMENT:
By this petition, the petitioner has sought (i) quashing and
setting aside of the impugned order dated 1st November, 2022
passed by the learned Judicial Magistrate First Class, Shillong in
C.R. Case No.202(S) of 2022; and (ii) quashing and setting aside
the impugned order dated 2nd May, 2023 passed by the learned
Chief Judicial Magistrate, Shillong in Lumdiengjri P.S. Case
No.137(11) of 2022; with a direction to the learned Chief Judicial
Magistrate, Shillong or the learned Judicial Magistrate First
Class, Shillong to initiate proceedings under Section 200
CrPC/223 BNSS.
2. Few facts as are necessary to decide the aforesaid petition
are as under;
3. The petitioner (original complainant) filed a private
complaint as against the respondent Nos.4 to 6 with a prayer to
take cognizance of the offences punishable under Sections 417,
402, 339, 342, 498-A, 313, 376, 506 and 405 of the IPC and
Section 4 of the Dowry Prohibition Act, 1961. The said complaint
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was registered as C.R. Case No.202(S) of 2022 in the Court of
the Chief Judicial Magistrate, Shillong.
4. The respondent No.4 is the husband of the petitioner. The
petitioner and the said respondent No.4 got married at
Muzaffarpur (Bihar) on 5th November, 2019. The said marriage is
stated to have been arranged by the respondent Nos.5 and 6, for
which they demanded ₹4 lakhs as commission from the
petitioner’s father. The petitioner in the said complaint made to
the learned Chief Judicial Magistrate, Shillong has set out
details of instances constituting the alleged offences. The
petitioner in the said complaint has prayed that the Court take
cognizance of the offences committed by the said persons i.e.
respondent Nos.4 to 6.
5. When the said complaint came up before the learned
Judicial Magistrate First Class, Shillong on 1st November, 2022,
the learned Magistrate, after perusing the petitioner’s written
complaint alleging the aforesaid offences and after referring to
the decision of the Apex Court in Devarapalli
Lakshminarayana v. V. Narayana Reddy: AIR 1976 1672,
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noted in paragraph 6, ‘that the matter was at a pre-cognizance
stage and considering the nature of the assertions made,
including the offence of rape apart from cheating and dishonest
misappropriation of property and other offences, it was
necessary in exercise of the powers under Section 156(3) CrPC,
that the complaint be forwarded to the Officer-in-Charge of
Lumdiengjri Police Station, for investigating the facts as stated
in the complaint’. Accordingly, the C.R. complaint No.202(S) of
2022 was disposed of by the learned Judicial Magistrate,
Shillong after forwarded the petitioner’s complaint to the Officer-
in-Charge of Lumdiengjri Police Station. The said order dated 1st
November, 2022 is at page 37 of the petition at ‘Annexure-5’.
6. Pursuant to the aforesaid order passed by the learned
Magistrate, it appears that the Lumdiengjri Police Station
registered an FIR, being Lumdiengjri P.S. Case No.137(9) of 2022
for the aforesaid offences.
7. Pursuant to the order dated 1st November, 2022, the WPSI
L. Kharjana of Lumdiengjri Police Station addressed a letter to
the Chief Judicial Magistrate, Shillong informing the learned
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Magistrate that during the course of investigation, she had
personally visited Muzaffarpur, Bihar for collecting evidences
and for recording statements; and that during the course of
investigation, it was found that the entire cause of action had
arisen in Muzaffarpur, Bihar and as such, the investigating
agency lacked territorial jurisdiction to carry out the
investigation. Accordingly, vide the said letter, the officer
requested that necessary orders be passed to the extent that the
complainant (petitioner) should be given liberty to approach the
investigating agency at Bihar to pursue her case.
8. Based on the letter dated 28th April, 2023 received by the
Chief Judicial Magistrate, Shillong, the learned Chief Judicial
Magistrate vide order dated 2nd May, 2023, on the basis of the
said report directed the Investigating Officer to forward the FIR,
complaint and other relevant documents to the concerned and
competent police station at Muzaffarpur, Bihar for taking
cognizance. Pursuant to the said order dated 2nd May, 2023, all
papers were forwarded to Muzaffarpur, Bihar.
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9. It appears that on 22nd January, 2024, the WPSI L.
Kharjana, Lumdiengjri Police Station addressed a letter to the
petitioner (complainant) stating therein, that during the course
of investigation in connection with the aforesaid case, it was
found that the entire cause of action had arisen at Muzaffarpur,
Bihar and that the investigating agency at Shillong lacked
territorial jurisdiction to carry out the investigation in the said
case. Accordingly, the police transferred the case to Maniyari
Police Station, Muzaffarpur, Bihar on 10th January, 2024 for
further investigation as per the Court order dated 2nd May, 2023
passed by the learned Chief Judicial Magistrate, Shillong. Vide
the said letter, the police also informed the petitioner that she
may pursue the case before the competent investigating agency.
10. It is in these aforesaid facts, that the petitioner seeks
quashing of both the impugned order dated 1st November, 2022
and 2nd May, 2023 passed by the learned Judicial Magistrate
First Class, Shillong and the learned Chief Judicial Magistrate,
Shillong, respectively.
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11. Vide order dated 17th March, 2025, notice was issued to
the respondent Nos.4 to 6. Accordingly, the respondent Nos.5
and 6, put in their appearance through their Advocate Ms. A.D.
Sharma. Despite service, none appears for the respondent No.4.
Infact, notice was issued to the respondent No.4 on two
occasions. On the second occasion, the notice indicated that an
endeavour shall be made to dispose of the petition finally at the
stage of admission, even if none appears for the said respondent.
Office noting shows that the said respondent No.4 refused to
accept service. Hence, this petition was taken up for hearing.
12. Learned counsel for the petitioner submitted that the
petitioner filed a complaint seeking an order only under Section
200 CrPC and not under Section 156(3). The said submission of
the learned counsel for the petitioner is not borne out by the
complaint filed by the petitioner. The prayer in the complaint
made by the petitioner before the learned Magistrate is to take
cognizance of the offences committed by the above-named
offenders and to punish them in accordance with law.
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13. The learned Magistrate after perusing the complaint found
that the allegations were serious in nature and accordingly
passed an order under Section 156(3) CrPC. It is pertinent to
note that while passing the order under Section 156(3) on 1 st
November, 2022, the learned Magistrate disposed of the said
complaint. Paragraph 8 of the said order reads thus:
“8. This CR Complaint No.202(S) 2022 is accordingly
disposed on the complaint being forwarded to the Officer-
in-Charge of Lumdiengjri Police Station”.
14. Thus, it is evident from the aforesaid that after passing an
order under Section 156(3), the learned Magistrate had disposed
of the complaint, since the same was forwarded to the Officer-in-
Charge of Lumdiengjri Police Station. It is the discretion of the
learned Judge, whether to pass an order under Section 200
CrPC or under Section 156(3) CrPC. No error or illegality can be
found in the said order dated 1st November, 2022.
15. Pursuant to the said order dated 1st November, 2022, it
appears that the Lumdiengjri Police Station registered an FIR
vide Lumdiengjri PS Case No.137(9) 2022 for the alleged offences
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punishable under Sections 417, 402, 339, 342, 498-A, 313, 376,
506 and 405 of the IPC and Section 4 of the Dowry Prohibition
Act. The Lumdiengjri Police Station after noticing that the cause
of action has arisen in Muzaffarpur brought the same to the
notice of the Chief Judicial Magistrate, who passed the
impugned order dated 2nd May, 2023. The last paragraph which
is based on the report forwarded by the Lumdiengjri Police
Station reads thus:
“In view of the above observation made the I/O of this case
is directed to forward the FIR, the complaint u/s 200 CrPC
and all the relevant documents along with the statement of
all the witnesses recorded by her to the concerned and
competent P.S. at Mirzaffarpur, Bihar to take cognizance of
the case and to expedite investigation and submission of FF
before the court having competent jurisdiction for trial the
case at Bihar.
I/O to take necessary steps to inform about the transfer of
the case to the complainant”.
16. It may be noted that the Magistrate had no power to direct
or forward the complaint to Muzaffarpur, Bihar and direct the
said police station to take cognizance of the case and to direct
the said police station to expedite the investigation and submit a
report before the Court having competent jurisdiction for trial at
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Bihar. The said order being wholly without jurisdiction, cannot
be sustained and as such, the said impugned order dated 2nd
May, 2023 is quashed and set aside.
17. It is pertinent to note that the Lumdiengjri police have
already forwarded Police Case No.137(9) of 2022, registered with
Lumdiengjri Police Station to Maniyari Police Station, based on
the order dated 1st November, 2022 under Section 156(3) CrPC.
18. In this view of the matter, only the impugned order dated
2nd May, 2023 is quashed and set aside. The Lumdiengjri Police
Station have already forwarded the FIR to the Maniyari Police
Station, Muzaffarpur, Bihar on 10th January, 2024 and that it
appears that the said police station is investigating the case.
19. Needless to state, that if a police station finds that it does
lack territorial jurisdiction to entertain the complaint, it is
allways open for the said police station to transfer the case to
the police station having territorial jurisdiction, as has been
done in the present case and as such, no infirmity can be found
in the same.
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20. The petition is partly allowed to the extent aforesaid and is
disposed of.
(Revati Mohite Dere)
Chief Justice
Meghalaya
19.03.2026
“Lam DR-PS”
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Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.03.24 17:11:30 IST