IMPORTANT POINT
The police have a duty to safeguard citizens and are expected to respond promptly and lawfully to all complaints, regardless of who is involved.

JUDGMENT

1. The petitioners who are residents of Paitklong, Paham Diengsyiar village, Raid Narlien, Ri-Bhoi District have approached this Court with this instant application under Article 226/227 of the Constitution of India with a prayer before this Court to direct the respondents No.1, 2 & 3 to perform their duties as responsible officers of the law by safeguarding the life and property of the petitioners and their family members against the illegal acts of the respondents No. 4 to 8.

2. It is the allegation of the petitioners that on 24.04.2022 the respondent No. 4 and 5 along with some unknown persons entered into the land of the petitioners and forcefully assaulted the petitioner No.2 while she was breastfeeding her son. An FIR was filed in this connection but the police has registered the FIR with only under Section 447 IPC and has ignored the seriousness and gravity of the offence perpetrated against the petitioners.

3. It is also the case of the petitioners that inspite of the FIR being registered, the private respondents herein started extending death threats to the petitioners and the family members directly and indirectly pressurising them to withdraw the police complaint.

4. The aggressive acts of the private respondents continued when the water supply to the house of the petitioner was cut. Another incident which occurred on 27.04.2022 is when the respondent No.4 along with some unknown persons attacked the petitioner in her vehicle as a result of which the back glass of the vehicle was broken and the tyres were also punctured.

5. In view of the violent action of the private respondents and the threat to the life and property of the petitioners and their family members, on 28.04.2022 the petitioners complained before the respondent No.2 and requested for protection of their life and property but the petitioner No.2 was informed by the respondent No.2 that protection cannot be provided to each and every individual.

6. It is because of the fact that the situation has reached to such an extent that in the face of constant threats and aggressive behaviour of the private respondents who included the headman and the secretary of the village that the petitioners have filed this petition seeking directions thereto.

7. This Court while proceeding with the matter has caused notice to be issued upon the respondents but only the respondents No. 1, 2 & 3 has entered appearance through the learned AAG Mr. N.D. Chullai. The respondents No. 4 to 8 has however failed to appear before this Court and the matter has proceeded exparte against them.

8. On being directed, the respondent No. 2 has filed a report before this Court detailing the action taken as far as the complaint of the petitioners is concerned. From the report dated 02.05.2022, what can be understood is that there exists a dispute between the petitioners and the respondent No. 4 which involved landed property which is the genesis of the tussle between the parties. Allegation and counter allegation have been made and a number of criminal cases have been registered in this regard. There are also non-FIR cases being filed before the court of the Additional District Magistrate, Ri-Bhoi District under Section 107 and 145 Cr.PC which are still pending adjudication.

9. The report further states that action has been taken incompliance with the complaint made and in this regard, notices under Section 41A Cr.PC have been issued to 16 persons including the respondents No. 4 and 5 herein. Again, the respondents No.4 and 5 have also been arrested on 04.05.2022 in connection with Nongpoh PC Case No. 74(4)2022 under Section 447/354/506/34 IPC and also under Nongpoh PS Case No. 75(4)2022 under Section 430/427/323/506/34 IPC.

10. Mr. N.D. Chullai, learned AAG along with Ms. R. Colney, learned GA has submitted that in view of the comprehensive report filed before this Court, relevant extracts of which has been indicated hereinabove, the police have not been found wanting in the performance of thei