Prof. Jyoti J. Mozika vs Shillong on 29 July, 2026

    0
    3
    ADVERTISEMENT

    Meghalaya High Court

    Prof. Jyoti J. Mozika vs Shillong on 29 July, 2026

                                                            2026:MLHC:401
    
    
    Serial No. 4
    Daily List               HIGH COURT OF MEGHALAYA
                                   AT SHILLONG
    
            Crl.Petn. No. 57 of 2026 with
            Crl.Petn. No. 59 of 2026
            Crl.Petn. No. 60 of 2026
                                                     Date of order: 29.07.2026
            Prof. Jyoti J. Mozika
                                                                 ...Petitioner
                                        - versus -
    
            1.     State of Meghalaya, represented by the Secretary,
                   Home Department, Shillong.
    
            2.     The In-Charge, Mawkynroh Police Outpost,
                   Shillong 793022, Meghalaya.
    
            3.     Shri. Amit   Mani Tripathi, Student 10th Semester,
                   Department   of Law, North-Eastern Hill University,
                   Shillong.
                                                              ...Respondents
    
                                            AND
    
            Dr Naveen Kumar
                                                                 ...Petitioner
                                        - versus -
    
            1.     State of Meghalaya, represented by the Secretary,
                   Home Department, Shillong.
    
            2.     The In-Charge, Mawkynroh Police Outpost,
                   Shillong 793022, Meghalaya.
    
            3.     Shri. Amit   Mani Tripathi, Student 10th Semester,
                   Department   of Law, North-Eastern Hill University,
                   Shillong.
                                                              ...Respondents
                                            AND
    
                                                                       Page 1 of 8
                                                      2026:MLHC:401
    
    
    
    
    Dr Ravi Kant Mishra
                                                          ...Petitioner
                                 - versus -
    
    1.    State of Meghalaya, represented by the Secretary,
          Home Department, Shillong.
    
    2.    The In-Charge, Mawkynroh Police Outpost,
          Shillong 793022, Meghalaya.
    
    3.    Shri. Amit      Mani Tripathi, Student 10th Semester,
          Department      of Law, North-Eastern Hill University,
          Shillong.
                                                       ...Respondents
    Coram:
         Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
    Appearance:
    For the Petitioners     : Mr S. Sen, Adv. with
                              Mr M.U. Ahmed, Adv.
    For the Respondents : Mr A. Kumar, AG with
                          Mr A.H. Kharwanlang, Addl Sr GA
                          Mr P. Yobin, Adv. [for R3]
    i)    Whether approved for                          No
          reporting in Law journals etc.:
    
    ii)   Whether approved for publication              No
          in press:
    
    JUDGMENT:

    (Oral)

    Heard learned counsel for the petitioners in all the

    SPONSORED

    aforesaid petitions as well as learned Advocate General on behalf

    of the respondent Nos. 1 and 2 and Mr. P. Yobin, learned counsel

    appearing for the respondent No. 3 in all the petitions.

    Page 2 of 8

    2026:MLHC:401

    2. At the outset, this Court makes it clear, that all the

    aforesaid petitions are being disposed of by a common judgment,

    as the subject matter of challenge is identical i.e., same

    FIR/order has been challenged.

    3. Rule. Rule is made returnable forthwith with the consent

    of the parties and the aforesaid petitions are taken up for final

    disposal.

    4. By these petitions, the petitioners therein, seek quashing

    of the FIR registered at the behest of the respondent No. 3 with

    the Mawlai Police Station being Mawlai P.S. Case No. 28 (3) 2026

    qua the aforesaid petitioners for the alleged offences punishable

    under Sections 351(2)/115(2) of the BNS.

    5. Quashing is sought on the premise that the parties i.e.,

    the petitioners and the respondent No. 3 have amicably resolved

    their dispute, inasmuch as the respondent No. 3 has given his

    no objection to the quashing of the aforesaid proceeding initiated

    at his behest as against the petitioners in the aforesaid petitions.

    Page 3 of 8

    2026:MLHC:401

    6. The respondent No. 3 (original complainant) lodged a

    complaint with the Mawlai Police Station alleging the aforesaid

    offences. The said complaint is at page 68 of the petition. The

    concerned Officer forwarded the said complaint “for registering a

    cognizable case under appropriate section of law” without

    applying his own mind whether a cognizable case is made out or

    not in the facts. The said order shows complete non-application

    of mind and also non-compliance of the Apex Court judgment in

    Lalita Kumari v Government of U.P. & Ors. reported in (2014)

    2 SCC 1. Pursuant thereto, the concerned Officer registered a

    case as NCR. When the matter came up before the learned

    Magistrate, the learned Magistrate vide order dated 02.03.2026,

    observed that “having heard the informant and perusing the

    material I am of the consideration that there is a prima facie case

    against the accused person under certain provisions of law”

    and accordingly, directed registration of an FIR. It is this order

    directing registration of an FIR, which is impugned before this

    Court. Again, the learned Magistrate failed to apply her mind by

    observing “under certain provisions of law”. The learned Judge

    has failed to follow, not only due procedure but even failed to

    Page 4 of 8
    2026:MLHC:401

    consider what were the sections that could have been appliable

    in the facts. Thus, this order is completely flawed.

    7. Be that as it may, since the parties have amicably settled

    their dispute and the respondent No. 3 has filed an affidavit, it

    is not necessary to go into the merits of the case, except

    observing the manner in which the Police and the Magistrate

    dealt with the respondent No. 3’s complaint. The respondent No.

    3 has filed an affidavit in all the aforesaid petitions. He has

    stated that he had filed the said FIR owing to an emotional

    outburst emanating from various occasions which he perceived

    that the professors are against him; that the said thoughts

    against the professors were his own misperceptions and

    assumptions and as such, he does not desire to nurture any ill-

    feelings against the professors in whatever manner; and that

    having realised the same, he does not wish to pursue the

    complaint against the petitioners. The respondent No. 3 has

    further undertaken that he will not at any time in future file any

    form of complaint against the said professors relating to the

    same issue or subject matter. The respondent No. 3 has further

    stated in his affidavit that he will complete his law degree as an
    Page 5 of 8
    2026:MLHC:401

    obedient and dedicated student and leave the campus on

    obtaining the law degree. The respondent No. 3 is present in

    person. He reiterates what has been stated in the affidavit and

    states that he has no objection to the quashing of the FIR. Mr.

    P. Yobin, learned counsel has identified the respondent No. 3,

    who is present in Court.

    8. Considering the amicable settlement between the parties

    and what is stated hereinabove, and having regard to the

    judgments of the Apex Court in Gian Singh v. State of Punjab

    & anr. reported in (2012) 10 SCC 303; Narinder Singh & ors

    v. State of Punjab reported in (2014) 6 SCC 466 and several

    other cases, there is no impediment in allowing the petitions.

    Accordingly, the petitions are allowed and the FIR registered

    with the Mawlai Police Station being Mawlai P.S. Case No. 28 (3)

    2026 is quashed and set aside.

    9. Infact, Mr A. Kumar, learned Advocate General also very

    fairly stated that the complaint filed by the respondent No. 3

    with the Police, could not have been directed to be registered as

    an FIR “under appropriate sections of law” and that such
    Page 6 of 8
    2026:MLHC:401

    approach clearly cannot be countenanced in law. He further also

    has assailed the manner in which the learned Magistrate passed

    the impugned order to register an FIR “under certain provisions

    of law.” He submits that both, the said orders passed by the

    Officers as well as the Magistrate clearly reflect non-application

    of mind. He states that he will take appropriate steps to ensure

    that such orders are not passed by Police Officers and the law

    relating when an FIR can be registered, will be circulated to all

    Officers in the State of Meghalaya. Statement accepted.

    10. Needless to state, having regard to the peculiar facts, any

    complaint by the respondent No. 3 in future against the

    petitioners shall be placed before the Superintendent of Police,

    East Khasi Hills, before any steps are taken on the complaint, if

    filed by the respondent No. 3. Mr A. Kumar, learned Advocate

    General, to forward a copy of this Order to the Superintendent

    of Police, East Khasi Hills District.

    11. Petitions are allowed and Rule is made absolute on the

    aforesaid terms.

    Page 7 of 8

    2026:MLHC:401

    12. Petition stands disposed of accordingly.

    13. All parties to act on the authenticated copy of this order.

    (Revati Mohite Dere)
    Chief Justice

    Page 8 of 8

    Signature Not Verified
    Digitally signed by SYLVANA
    LIZ KHARBHIH
    Date: 2026.07.30 18:14:59 IST



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here