Meghalaya High Court
2026:Mlhc:485 vs The State Of Meghalaya on 20 May, 2026
Serial No.05
2026:MLHC:485
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.Petn.No.16/2026
Date of Order: 20.05.2026
1. Smti. Pelcy Snaitang
2. Shri Kingborman Disiar
3. Shri Belson Snaitang
4. Shri Lurshai Snaitang
5. Shri Khrawbor Snaitang
6. Shri Amstrongphi Snaitang
7. Shri Ominglan Shylla
8. Shri Hamless Syiemlieh
9. Shri Distoral Syiemlieh
10. Shri Abester Lyngdoh
11. Shri Peterson Snaitang
12. Shri Anthony Snaitang
13. Shri Shongdor Thongni
14. Shri Armanroy Rangdikiew
15. Shri Wesking Thongni
16. Shri Lespingroi Syiemlieh
17. Shri Plaiarstar Lartang
18. Shri Umbos Snaitang
19. Shri Baniakmenlang Syiemlieh
20. Shri Rocky Sohlang
21. Shri Wolan Shylla
22. Shri Parman Kharmaw
23. Smti. Purnima Snaitang
24. Smti. Linti Snaitang
25. Smti. Antina Snaitang
26. Smti. Tipti Snaitang
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2026:MLHC:485
27. Smti. Shisha Snaitang
28. Smti. Gracy Snaitang
29. Shri Markhia Snaitang
30. Shri Phorian Shylla
31. Shri Plastic Sun
32. Shri Shipstolin Snaitang
33. Shri Lording Nongsiej
34. Shri Sainkupar Snaitang ..... Petitioners
Vs.
1. The State of Meghalaya, represented by its Commissioner and
Secretary (Home) Police Department, Government of
Meghalaya, East Khasi Hills District, Meghalaya.
2. The Superintendent of Police, South West Khasi Hills District,
Meghalaya.
3. Officer-in-Charge, Ranikor Police Station, South West Khasi
Hills District, Meghalaya.
4. Shri Donboklang Kharlyngdoh
5. Shri Marius Nongsiej ..... Respondents
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Appearance:
For the Petitioners : Mr. S. Thapa, Adv with
Mr. B. Snaitang, Adv
For the Respondents : Mr. A.S. Dey, GA
Mr. R.K. Synrem, Adv for R/4&5
JUDGMENT:
(Oral)
Heard learned counsel for the parties.
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2026:MLHC:485
2. Rule. Rule is made returnable forthwith with the consent
of the parties and the aforesaid petition is taken up for final
disposal.
3. By this petition, the petitioners seek quashing of the FIR
registered with the Ranikor Police Station, being P.S. Case
No.19(10) of 2024, as against the petitioners for the alleged
offences punishable under Sections 329(3), 324(2) and 3(5) of
the BNS.
4. Learned counsel for the petitioners’ states that taking the
prosecution case as it stands, no offence whatsoever, under any
of the aforesaid sections is disclosed. He submits that the
parameters laid down by the Apex Court in State of Haryana &
ors v. Bhajan Lal & ors reported in 1992 Supp (1) SCC 335,
is squarely attracted and as such, the FIR and consequently, the
chargesheet and the proceeding pending before the learned
Judicial Magistrate First Class, Mawkyrwat, be quashed and set
aside.
5. Learned GA opposed the petition. Similarly, learned
counsel appearing for the respondent Nos.4 and 5 also opposed
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2026:MLHC:485
the petition. It is submitted that the material on record would
show the complicity of the petitioners and as such, no case is
made out for quashing of the FIR/proceeding.
6. Perused the papers i.e., the chargesheet. It is not in
dispute that the Chief Executive Member, Khasi Hills
Autonomous District Council, Shillong, vide order dated 21st
December, 2023, had passed an order in favour of the
petitioners. In the said order, it is stated that the petitioners
have rightly proved that Tlongpleng village was under the
jurisdiction of the petitioners i.e., Hima Bhowal. Accordingly, the
District Council observed, that the observations made in the
order dated 19th June, 2023, passed by the One-man Tribunal
was correct in law as well as in fact and deserved no interference
by the Executive Committee. It is further noted that the Tribunal
had made a detailed observation on the historical facts and past
disputes dating way back in the year 1900 by the Panchayat Lai
Syiem, the Political Case of 1926, which aligns that the
boundary of these two Syiemship. In conclusion, both the Hima
Maharam and Hima Bhowal (petitioners), were directed to
comply and implement the said order.
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2026:MLHC:485
7. It is also not in dispute that the said order passed by the
District Council was challenged by one of the aggrieved parties
before this Court by filing a writ petition, being WP (C) No.81 of
2024. It appears that the learned Single Judge of this Court
disposed of the writ petition vide order dated 15th April, 2026.
Nothing has been pointed out by the learned counsel for the
respondent Nos.4 and 5, whether the order dated 21st December,
2023, passed by the District Council, is under challenge as of
today. It is further an admitted fact, that the FIR of which
quashing is sought, was registered by the police on 26th October,
2024, alleging the offences of criminal trespass and mischief.
8. Having perused the statements of the witnesses and in
light of the order passed by the District Council, this Court does
not find any ingredients of the offence of criminal trespass being
made out qua the petitioners. Infact, there is no mention in the
statement vis-Ã -vis trespass by the petitioners. Infact, the
statements of the witnesses show that there was no damage
caused to any of the loudspeakers which were removed. To the
contrary, the statements show that the loudspeakers were
removed and were handed over to the police. Thus, there is no
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allegation of damage to property by any of the witnesses. In this
view of the matter, no offence even under Section 324 (mischief)
is made out.
9. Thus, keeping in mind the parameters laid down by the
Apex Court in Bhajan Lal‘s case (supra) and taking the
prosecution case as it stands from the chargesheet, no offences
either under Sections 329(3), 324(2) and 3(5) of the BNS are
disclosed, warranting continuation of the proceeding qua the
petitioners.
10. Accordingly, the FIR registered with the Ranikor Police
Station, being P.S. Case No.19(10) of 2024, the chargesheet and
consequently, the proceeding pending before the learned Judicial
Magistrate First Class, Mawkyrwat, are quashed and set aside.
11. The petition is accordingly allowed and Rule is made
absolute on the aforesaid terms.
12. Petition is accordingly disposed of.
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2026:MLHC:485
13. All parties to act on the authenticated copy of this order.
(Revati Mohite Dere)
Chief Justice
Meghalaya
20.05.2026
“Lam DR-PS”
Page 7 of 7
Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.05.20 16:14:32 IST
