Smti Ojoni M. Marak vs Rone G. Momin on 18 April, 2026

    0
    37
    ADVERTISEMENT

    Meghalaya High Court

    Smti Ojoni M. Marak vs Rone G. Momin on 18 April, 2026

                                                              2026:MLHC:355
    
    
    
    
    Serial No. 01
    Daily List                 HIGH COURT OF MEGHALAYA
                                      AT SHILLONG
    
            Crl.Petn. No. 84 of 2025
                                                        Date of order: 18.04.2026
            1.      Smti Ojoni M. Marak.
            2.      Smti Priya M. Marak.
            3.      Shri Isaac M. Marak
                                                                   ...Petitioners
                                           - versus -
            1.      Rone G. Momin
            2.      The Executive Magistrate,
                    East Garo Hills District, Williamnagar.
    
                                                                 ...Respondents
            Coram:
                 Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
            Appearance:
            For the Petitioner      : Ms T. Yangkyi, Adv.
            For the Respondents : Mr A.M. Sangma, Adv. [for R1]
                                  Ms R. Colney, GA [for R2]
            i)      Whether approved for                      Yes/No
                    reporting in Law journals etc.:
    
            ii)     Whether approved for publication          Yes/No
                    in press:
    
            JUDGMENT:

    (per the Hon’ble, the Chief Justice) (Oral)

    Heard learned counsel for the parties.

    SPONSORED

    Page 1 of 3

    2026:MLHC:355

    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 petitioner has impugned the order

    dated 25th November, 2025 passed by the learned Executive

    Magistrate, East Garo Hills District, Williamnagar and as such,

    seeks quashing and setting aside of the same.

    4. The premise on which quashing of the impugned order is

    sought, that no show-cause notice was admittedly issued to the

    petitioners before the impugned order dated 25th November, 2025

    was passed, which directed the parties i.e., the petitioners and

    the respondent No. 1 to execute a bond on 8th December, 2025,

    under Section 164 of the BNSS.

    5. Learned GA fairly states and admits that no show-cause

    notice was issued to either of the parties before the impugned

    order was passed. She states that the impugned order be quashed

    and set aside. She however states that liberty be granted to the

    Page 2 of 3
    2026:MLHC:355

    Executive Magistrate, East Garo Hills District, Williamnagar to

    pursue against the parties, if the occasion, so arises in future.

    6. Accordingly, the impugned order dated 25th November,

    2025 passed by the Executive Magistrate, East Garo Hills

    District, Williamnagar is quashed and set aside on the premise

    that no show-cause notice was issued to either the petitioners or

    the respondent No. 1 before the said order was passed.

    7. The petition is, accordingly allowed and Rule is made

    absolute in the aforesaid terms.

    8. Petition is disposed of accordingly.

    9. Needless to state, that it is open for the Executive

    Magistrate, East Garo Hills District, Williamnagar to take

    appropriate steps, if so necessary in future, however, only in

    accordance with law.

    (Revati Mohite Dere)
    Chief Justice

    Signature Not Verified Page 3 of 3
    Digitally signed by SYLVANA
    LIZ KHARBHIH
    Date: 2026.04.18 15:31:55 IST



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here