19.03.2026 vs The State Of Meghalaya on 19 March, 2026

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    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
    
    
                                                                  Page 1 of 11
                                                       2026:MLHC:261
    
    
    
    
    JUDGMENT:

    By this petition, the petitioner has sought (i) quashing and

    setting aside of the impugned order dated 1st November, 2022

    SPONSORED

    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

    Page 2 of 11
    2026:MLHC:261

    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,

    Page 3 of 11
    2026:MLHC:261

    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

    Page 4 of 11
    2026:MLHC:261

    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.

    Page 5 of 11

    2026:MLHC:261

    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.

    Page 6 of 11

    2026:MLHC:261

    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.

    Page 7 of 11

    2026:MLHC:261

    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

    Page 8 of 11
    2026:MLHC:261

    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

    Page 9 of 11
    2026:MLHC:261

    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.

    Page 10 of 11

    2026:MLHC:261

    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”

    Page 11 of 11
    Signature Not Verified
    Digitally signed by
    LAMPHRANG KHARCHANDY
    Date: 2026.03.24 17:11:30 IST



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