2024:MLHC:1091
Serial No.05
RegularList
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl. Rev. P. No. 17 of 2023 Date of Order: 28.11.2024
_______________________________________________________________
Shri. Bijay Singh Vs. 1.State of Meghalaya, Represented by its
S/O Shri Rajendra Prasad Singh Commissioner and Secretary, Home,
R/O Plot No. 237, R.R. Colony, Shillong.
Rynjah, Shillong, East Khasi Hills
District, Meghalaya. 2.Shri. Sanjay Sharma,
S/o Shri. Kailash Chandra Sharma,
Of 13 CB, Luckier Road, Garikhana,
Shillong.
….PETITIONER. ….RESPONDENTS.
Coram:
Hon’ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. A. S. Siddiqui, Sr. Adv. with
Ms. A. Kharmyndai, Adv.
For the Respondent(s) : Ms. S. Shyam, GA. (R: - 1)
Mr. N. Khera, Adv. (R: - 2 )
ORAL:-
Heard Mr. A. S. Siddiqui, learned Senior Counsel assisted by Ms. A.
Kharmyndai, learned Counsel appearing for the petitioner also Ms. S. Shyam,
learned GA appearing for the State-respondent No.1 and Mr. N. Khera, learned
Counsel appearing for the respondent No.2.
By this criminal revision petition, the petitioner has challenged the
impugned order dated 22-09-2023 passed in Other Application No.21 of 2023
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by the learned Chief Judicial Magistrate, Shillong whereby one Weighing
Machine (Electronic Weighing Scale) and 21 (twenty one) number of keys
seized by Seizure List dated 29-11-2022 in connection with the Lumdiengjri
P.S Case No. 123 (10) 2022 under Section 380 IPC were released on Zimma to
the respondent No.2.
Assailing the impugned order, Mr. A. S. Siddiqui, learned Senior
Counsel for the petitioner has drawn attention of this Court to a report dated
20-09-2023 forwarded by the Investigating Officer of the Lumdiengjri P.S Case
No. 123 (10) 2022 requesting the Court not to release any of the materials
seized by the seizure memo dated 29-11-2022 and submitted that the learned
Chief Judicial Magistrate while passing the impugned order has not taken into
consideration the aforesaid report and directed the release of the seized
materials to the respondent No.2 mechanically without any application of
mind. It is the submission of the learned Senior Counsel that the learned Chief
Judicial Magistrate could not have passed the impugned order directing for
release of seized materials in favour of the respondent No.2 as the release on
Zimma has to be made on the basis of the materials on record. He, thus, prays
that the impugned order be set aside and the matter be remanded back for
passing of order afresh.
Ms. S. Shyam, learned GA for the State-respondent No.1 supports the
impugned order and submits that no illegality has been committed by the
learned Chief Judicial Magistrate while passing the impugned order and the
same calls for no interference by this Court.
Mr. N. Khera, learned Counsel for the respondent No.2 refuted the
submission made on behalf of the petitioner and submitted that the seizure was
made consequent to the registration of the Lumdiengjri P.S Case No. 123 (10)
2022 on the basis of the FIR lodged by the respondent No.2 wherein petitioner
is the main accused. He submitted that the respondent No.2 is the rightful
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person to whom the materials were released on Zimma as the petitioner being
the accused cannot seek release of the seized materials in his favour. The
learned Counsel further submitted that a civil suit being Title Suit No. 23 (H) of
2022 is pending in the Court of Assistant District Judge, Shillong, between the
respondent No.2 and the petitioner covering the issue of claim and ownership
of the materials seized by the police. The learned Counsel further invited
attention of this Court to orders dated 28-11-2022 and 03-07-2023 passed in
Misc. C/No. 45 (H) 2022 arising out of the above Title Suit whereby the civil
Court has granted injunction in favour of the respondent No.2. It is submitted
that the petitioner is actively contesting the said civil proceeding and has
already filed an appeal against the orders dated 28-11-2022 and 03-07-2023,
however, has not been able to obtain any order in his favour. The learned
Counsel submitted that since the matter stands seized by the Civil Court and
there exists orders in favour of the respondent No.2, the impugned order of
Zimma passed by the learned Chief Judicial Magistrate cannot be faulted with.
The learned Counsel contended that there is no merit in this revision petition
and the same deserves to be dismissed forthwith.
Upon hearing the submission of the rival parties and on perusal of
materials on record, it is clear that there is a civil suit pending between the rival
parties covering the materials which were seized in connection with the
Lumdiengjri P.S Case No. 123 (10) 2022 under Section 380 IPC. There also
interim orders
exists dated 28-11-2022 and 03-07-2023 passed in favour of the
respondent No.2. Furthermore, in the order dated 28-11-2022, a direction has
been made to the police authority to ensure compliance of the interim order.
Since the entire matter sands seized by the civil Court over the claim and
ownership of the seized materials between the rival parties and there are
existing orders in favour of the respondent No.2, no illegality can be attributed
to the impugned order 22-09-2023 passed by the Chief Judicial Magistrate.
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That the report dated 20-09-2023 of the Investigating Officer is also
inconsequential at this stage in view of the orders passed by a competent civil
Court.
For what has been discussed above, there is no merit in this revision
petition and the same stands dismissed.
Judge
Meghalaya
28.11.2024
“
Biswarup PS”
Page 4 of 4
Signature Not Verified
Digitally signed by BISWARUP
BHATTACHARJEE
Date: 2024.11.28 17:37:50 IST