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MRIDUL KUMAR KALITA
Richard Yimto – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. P. Choudhury, learned senior counsel assisted by Mr. D. Talukdar, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned Public Prosecutor for the State of Nagaland.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Richard Yimto, IPS praying for issuance of Writ in the nature of Mandamus or any other Writ for directing the State authorities to register an FIR in respect of complaint dated 03.08.2018 filed by one Lichathong Lotha, UBSI, Commander, Narcotic Cell Check Point, Khuzama, Nagaland regarding recovery of illegal drugs. The petitioner has also prayed for directing the respondent No. 1 i.e., the State of Nagaland to transfer the investigation of the case arising out of complaint dated 03.08.2018 to the Central Bureau of Investigation (CBI).
3. The facts relevant for considerations of instant writ petition, in brief, are as follows:-
The court affirmed that senior officials cannot obstruct FIR registration and must adhere to legal protocols, emphasizing accountability in law enforcement.
The court affirmed that a senior officer cannot avoid accountability for procedural lapses and that the transfer of investigation to the CBI is not warranted without exceptional circumstances.
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
The registration of an FIR is mandatory if it discloses a cognizable offence, and the police cannot conduct a preliminary inquiry at their discretion.
The court emphasized that FIR registration is mandatory for cognizable offences, rejecting locus standi as a barrier to filing complaints.
The judgment emphasizes the need for fair investigation and clarifies the exceptional circumstances for transferring investigation to the CBI.
Point of Law : Dismissal of petition to Quash of FIR – Commission of cognizable offence and pendency of investigation – cannot be quashed.
Prosecution of the petitioners was found to be malicious, lacking evidentiary basis for allegations of abduction and threats, leading to the quashing of FIRs under Section 482 CrPC.
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
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