WP(C) No. 328 of 2020Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

WP(C) No. 328 of 2020

Shri G. Luwangjao Kabui, aged about 68 years, S/o (L)

Poudedai Kabui, a resident of Lilong Chaobok Kabui

Village, P.O. & P.S. Lilong and District – Thoubal,

Manipur-795130.

……. Petitioner/s

– Versus –

1. The

State

of

Manipur

represented

by

the

Chief

Secretary/Principal

Secretary/Commissioner

(Home),

Government of Manipur, Old Secretariat, P.O.& P.S.

Imphal, District- Imphal West, Manipur-795001;

2. The Director General of Police (DGP), Govt. of

Manipur, Babupara, P.O. & P.S. Imphal, District -

Imphal West, Manipur-795001;

3. The Superintendent of Police, Thoubal District, Govt.

of

Manipur,

P.O.,P.S.

&

District

–

Thoubal,

Manipur-795138;

4. The Officer-in-charge, Lilong Police Station, Thoubal

District, Manipur-795130.

…. Respondent/s

BEFORE

HON’BLE MR. JUSTICE M.V. MURALIDARAN

For the Petitioner/s

:

Mr. Deepak Prasad Sahu, Advocate

For the Respondent/s

:

Mr. H. Samarjit, GA

Date of hearing

:

20.07.2020

Date of Judgment & Order :

21.08.2020

WP(C) No. 328 of 2020Page 2

JUDGMENT & ORDER

(CAV)

The writ petition has been filed by the petitioner seeking

direction on the respondents to take up the complaints submitted by

him and to register the First Information Report against the accused

persons.

[2]

The case of the petitioner is that the land measuring an extent

of 0.7480 hectare situated at No.17, Chaobok Village, Thoubal District

in Dag No.2115 was inherited from his father and the revenue records

were mutated in his name. After inheriting, the petitioner and his family

members were physically possessed of the said land peacefully. While

so, on 27.07.2016, some persons who are from the majority Muslim

community came with deadly weapons and was trying to enter into the

said land and they have also threatened by saying that the whole

family of the petitioner would be killed, if they enter into the said

agricultural land. Fearing the threat, the petitioner has lodged a

complaint before the Officer-in-Charge, Lilong Police Station. Since,

the Officer-in-charge, Lilong Police Station failed to consider the

complaint,

the

petitioner

has

submitted

complaint

to

the

Superintendent of Police on 05.10.2016 requesting to take action.

WP(C) No. 328 of 2020Page 3

Despite receipt of the complaints, the respondent police failed to

register the FIR, nor taken action against the persons who threatened

him and his family members and also prevented them from entering in

the said land.

[3]

Further case of the petitioner is that taking advantage of the

non-registration of the FIR, the accused persons again entered into

the land and destroyed the paddy field and they have also entered into

the fish farm and caught fish by using fish nets. Again on 25.03.2020,

when the petitioner and his family members were clearing the weeds

in the fishing farm, the said persons along with some unknown

persons with mask and cap came with deadly weapons started

shooting with double barrel rifles. Being afraid, the petitioner and his

family members ran out from the fish farm to save their lives.

Immediately, on the same day, the petitioner made another complaint

to the Officer-in-charge, Lilong Police Station against the said persons.

Despite the receipt of the said complaint, the respondent police have

not registered the FIR against the said persons. Hence, the petitioner

has filed the present petition to direct the respondents to register the

FIR.

[4]

Residing

the

writ

petition,

the

fourth

respondent

filed

WP(C) No. 328 of 2020Page 4

affidavit-in-opposition stating that the land in question was a disputed

land and both sides claiming ownership of the said land. In fact, the

petitioner has failed to give any prima facie evidence about the

contents that have been written in the complaint. It is stated that a civil

suit is pending in the Court of Civil Judge (Junior Division), Thoubal in

O.S. No.52 of 2016. Since the offence alleged by the petitioner is

non-cognizable, the resp