S.G. ESMATUR MOMININ v. STATE OF MEGHALAYA AND ORS.
Court: High Court of Meghalaya
Bench: HON'BLE JUSTICE REVATI MOHITE DERE, CHIEF JUSTICE
Judgment date:
Case summary
High Court of Meghalaya judgment dated 2026-08-04. S.G. ESMATUR MOMININ v. STATE OF MEGHALAYA AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
Serial Nos. 03 to 06 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl. Petn. No. 109/2026 with Crl. Petn. No. 110/2026 Crl. Petn. No. 111/2026 Crl. Petn. No. 112/2026 Date of Order: 04. 08. 2026 Shri S. G. Esmatur Mominin ..... Petitioner Vs. 1. The State of Meghalaya, represented by the Secretary Department of Home (Police) Government of Meghalaya, Shillong, Secretariat Hills, Shillong, East Khasi Hills District, Meghalaya-793001. 2. Superintendent of Police, West Garo Hills District, Meghalaya, Office of the Superintendent of Police, Tura, Meghalaya-794001. 3. Investigation Officer, Phulbari Police Station Case No. 10 of 2026, under Sections 192, 196(c), 57 and 353(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 8 and 8A of the Meghalaya Maintenance of Public Order (MMPO), Act. 4. Dr. Mukul Sangma, R/o Nehru Ading, Hawakhana, Tura, West Garo Hills District, Meghalaya. Complainant in Phulbari Police Station Case No. 10 of 2026. ..... Respondents Shri S. G.
Esmatur Mominin ..... Petitioner Vs. 1. The State of Meghalaya, represented by the Secretary Department of Home (Police) Government of Meghalaya, Shillong, Secretariat Hills, Shillong, East Khasi Hills District, Meghalaya-793001. 2. Superintendent of Police, West Garo Hills District, Meghalaya, Office of the Superintendent of Police, Tura, Meghalaya- 794001. 3. Investigation Officer, Phulbari Police Station Case No. 12 of 2026 corresponding to G. R. Case No. 23 of 2026 under Sections 189(2), 192(1), 192, 196(c), 57, 353(2), 298, 324(4)(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 6, 6A, 8 and 8A of the Meghalaya Maintenance of Public Order (MMPO), Act. 4. Shri Karit A. Sangma, Joint Secretary, G. S. U. Chibinang, Regional Unit, West Garo Hills, Meghalaya. Complainant in Phulbari Police Station Case No. 12 of 2026. 5. Shri Pangsrang A. Sangma, Joint Secretary, G. S. U. Chibinang, Regional Unit, West Garo Hills, Meghalaya.
Complainant in Phulbari Police Station Case No. 12 of 2026. ..... Respondents Shri S. G. Esmatur Mominin ..... Petitioner Vs. 1. The State of Meghalaya, represented by the Secretary Department of Home (Police) Government of Meghalaya, Shillong, Secretariat Hills, Shillong, East Khasi Hills District, Meghalaya-793001. 2. Superintendent of Police, West Garo Hills District, Meghalaya, Office of the Superintendent of Police, Tura, Meghalaya- 794001. 3. Investigation Officer, Phulbari Police Station Case No. 11 of 2026 corresponding to G. R. Case No. 22 of 2026 under Sections 192, 196(c), 57, 353(2), 324(5) and 324(6) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 6A, 8 and 8A of the Meghalaya Maintenance of Public Order (MMPO), Act. 4. Investigation Officer, Phulbari Police Station Case No. 13 of 2026 corresponding to G. R. Case No.
24 of 2026 under Sections192, 196(c), 197, 57, 353(2), 324(5) and 324(6) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 6A, 8 and 8A of the Meghalaya Maintenance of Public Order (MMPO), Act. 5. Shri John Leslee K. Sangma, S/o Lt. Livingstone G. Momin, R/o Balading, Tura, West Garo Hills District, Meghalaya. Complainant in Phulbari in Police Station Case No. 11 of 2026. 6. Shri Greneth M. Sangma, S/o (L) Lemson Sangma, R/o Rompa Asim, Mindikgre, South Garo Hills District, Meghalaya. Complainant in Phulbari Police Station Case No. 13 of 2026. Shri S. G. Esmatur Mominin ..... Petitioner Vs. 1. The State of Meghalaya, represented by the Secretary Department of Home (Police) Government of Meghalaya, Shillong, Secretariat Hills, Shillong, East Khasi Hills District, Meghalaya-793001. 2. Superintendent of Police, West Garo Hills District, Meghalaya, Office of the Superintendent of Police, Tura, Meghalaya- 794001. 3. Investigation Officer, Araimile Police Station Case No.
19 of 2026 corresponding to G. R. Case No. 68 of 2026 under Sections 196(a)(b), 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. 4. Shri Cherian Momin, Tura, West Garo Hills District, Meghalaya; Complainant in Araimile Police Station Case No. 19 of 2026. ..... Respondents Coram: Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Mr. N. Khera, Adv with Mrs. A. Syiem, Adv Mr. T. Marngar, Adv Mr. R. Kharkrang, Adv For the Respondents : Mr. N. D. Chullai, AAG with Mr. N. G. Shylla, PP Mr. E. R. Chyne, Addl. PP i) Whether approved for reporting in No Law journals etc. : ii) Whether approved for publication in press: Yes JUDGMENT: (Oral) At the outset, learned counsel for the petitioner in all the aforesaid petitions seeks leave to amend the prayer clause i. e.
, to delete the prayer for quashing of the respective FIRs and instead to replace the said prayer with clubbing of the cases with the lead case registered with Araimile Police Station, which was registered first in point of time. Leave granted. Amendment to be carried out forthwith during the course of the day. 2. Rule. Rule is made returnable forthwith with the consent of the parties in all the aforesaid petitions and is taken up for final disposal. 3. Mr. Chullai, learned AAG waives notice on behalf of the respondent Nos. 1 to 3 in all the petitions. 4. By these petitions, the petitioner seeks a direction to the respondent authorities to club all the cases registered against him in West Garo Hills District, with the case registered with Araimile Police Station, which was registered first in point of time. The details of the case of which clubbing is sought is as under; “Sl. Criminal PS Case No. G. R. Sections Filed on Registered Complainant’s Name No. Petition C/No. on No. 1.
109 of Phulbari 21 of Sec. 192, 196 (c), 57, 10-03-2026 14-03-2026 Dr. Mukul M. Sangma 2026 P. S. C/No. 2026 and 353 (2) of the (R-4) 10 of 2026 BNS, 2023, R/w Sec. 8 and 8A of MMPO Act. 2. 110 of Phulbari 23 of Sec. 189 (2), 192 (1), 18-03-2026 18-06-2026 Karit A. Sangma, Jt. 2026 P. S. C/No. 2026 192, 196 (c), 57, 353 Secy, GSU (R-4) and 12 of 2026 (2), 298, 324 (4) (5) of Pangsrang A. BNS, 2023, R/w Sec. Sangma, Jt. Secy, 6, 6A, 8 and 8A of GSU (R-5) MMPO Act. 3. 111 of Phulbari 22 of Sec. 192, 196 (c), 57, 14-03-2026 15-03-2026 John Leslee K. 2026 P. S. C/No. 2026 353 (2), 324 (5) and Sangma (R-5) 11 of 2026 324 (6) of BNS, 2023, R/w Sec. 6A, 8 and 8A of MMPO Act. Phulbari 24 of Sec. 192, 196 (c), 197, 11-03-2026 19-03-2026 Greneth M. Sangma P. S. C/No. 2026 57, 353 (2), 324 (5) (R-6) 13 of 2026 and 324 (6) of BNS, (clubbed 2023, R/w Sec. 6A, 8 vide Order and 8A of MMPO Act. dtd 04-05- 26) 4. 112 of Araimile P. S. 68 of Sec.
196 (a) (b), 351 10-03-2026 10-03-2026 Cherian Momin (R-4)” 2026 C/No. 19 of 2026 (2), of BNS 2026 5. Learned counsel for the petitioner in all the aforesaid petitions submits that, all the cases registered with the Phulbari Police Station and Araimile Police Station, arise out of the same chain of events relating to GHADC election, the assault on the petitioner and the subsequent address made by the petitioner to the members of the public. He submits that the complaints made to the concerned police stations, pursuant to which FIRs were registered, were based essentially on media reports and video clips and not on personal knowledge. 6. Learned counsel for the petitioner in this connection submitted that there cannot be registration of separate FIRs with respect to the same cause of action. In connection with the said submission, learned counsel relied on the judgments of the Apex Court in Amish Devgan v. Union of India & ors reported in (2021) 1 SCC 1, T. T. Antony v.
State of Kerala & ors reported in (2001) 6 SCC 181 and Arnab Ranjan Goswami v. Union of India reported in (2020) 14 SCC 12. 7. Mr. Chullai, learned AAG does not dispute the proposition laid down by the Apex Court in the aforesaid judgments. Mr. Chullai, on instruction states that four FIRs registered with the Phulbari Police Station out of which, two have already been clubbed, will forthwith be transferred and clubbed with the Araimile Police Station i. e. , where Araimile P. S. Case No. 19 of th 2026, is already registered against the petitioner on 10 March, 2026. Mr. Chullai also does not dispute the fact that, all the FIRs arise out of the same cause of action and that having regard to the judgments in this regard, the police will forthwith transfer Phulbari P. S. Case No. 10 of 2026; Phulbari P. S. Case No. 11 of 2026; Phulbari P. S. Case No. 12 of 2026 and Phulbari P. S. Case No.
13 of 2026 to Araimile Police Station and club it with the said FIR, which was registered with Araimile Police Station, first in point of time. Statement accepted. 8. Accordingly, all papers in connection with aforesaid Phulbari Police Station Cases be transferred to Araimile Police Station within three days from the date of uploading the order, and the said four cases be clubbed with FIR registered with Araimile Police Station. 9. In view of the aforesaid statement made by Mr. Chullai, learned AAG, nothing survives for further consideration in these petitions. 10. The petitions are allowed and Rule is made absolute on the aforesaid terms. 11. Petitions are disposed of accordingly. 12. Needless to state that, the petitioner is always at liberty after the cases are clubbed to file a fresh petition seeking quashing of the proceeding, if he so desires. 13. All parties to act on the authenticated copy of this order. (Revati Mohite Dere) Chief Justice Meghalaya 04. 08.
2026 “Lam DR-PS” Signature Not Verified Digitally signed by LAMPHRANG KHARCHANDY Date: 2026. 08. 05 15:42:01 IST
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