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2015 DIGILAW 1275 (GAU)

Maziezokho Nisha v. State of Nagaland

2015-10-01

N.CHAUDHURY

body2015
JUDGMENT AND ORDER N. Chaudhury. J. - Heard Mr. I Imti Longchar, learned counsel for the petitioner and Mr. K Sema, learned Additional Advocate General assisted by Mr. V. Vero for the respondents. 2. By filing this application under Article 226 of the Constitution of India, petitioner Maziezokho Nisa and another have made a prayer for issuing direction to respondents No. 4 and 5 for registering F.I.R. in connection with the information filed by the present petitioner on 08.09.2015 with the Officer In-Charge of the North Police Station at Kohima. The information furnished by the petitioners are quoted below: "The undersigned's begs to file this F.I.R. against Shri. T.R. Zeliang @ Taditui. Chief Minister of Nagaland forgiving false sworn affidavit/information U/S 125-A of the Representation of Peoples Act, 1951, and U/S 181/193/199/200/417/468 IPC as follows: That at Annexure-I (Affidavit to be furnished by candidate along with nomination paper) (Enclosure-I) for election to the 11th Nagaland Legislative Assembly from 7 - Peren(ST) Assembly Constituency; dated 15.02.2008, with Notary Registration No. 215/08 Shri. T.R. Zeliang has given false information regarding his B.A. educational qualification which is reproduced below for ready reference: 10. My educational qualification are as under:- SI. Qualification Institution Board/University Year of Course Completed 1. High School Leaving Certificate Don Bosco High School Dibrugarh Assam Assam Board of School Edn. 1975 2. Bachelor of Arts (B.A.) Kohima College North Eastern Hill University 1980 Again in the Affidavit (Form 26A) (Enclosure-2) for election to the 12th Nagaland Legislative Assembly from 7-Peren (ST) Assembly Constituency, dated 05.02.2013, with Registration No. 31/2013 Shri. T.R. Zeliang has stated as under: SI. Qualification Institution Board/University Year of Course Completed 1. Matriculation Don Bosco High School Dibrugarh Assam Board of School Edn. 1975 2. B.A. Kohima College North Eastern Hill University 1980 2. In the biography details of "Who is Who" of 2013, it is written he did graduation from Kohima College in 1979 (Enclosure-3) and; profile of 06.08.08 (Enclosure-4) under his signature his detail educational qualification is written/given as follows:- Details of Educational Qualifications: SI. Qualification Institutions Year of Passing 1. Early Education All Saints Home, Peren 2. Matriculation Don Bosco High School Dibrugarh, Assam 1975 3. B.A. Kohima College, Kohima 1980 3. And in the election summary- 2013 affidavit summary clearly says education as graduate. (Enclosure-5). . 4. Qualification Institutions Year of Passing 1. Early Education All Saints Home, Peren 2. Matriculation Don Bosco High School Dibrugarh, Assam 1975 3. B.A. Kohima College, Kohima 1980 3. And in the election summary- 2013 affidavit summary clearly says education as graduate. (Enclosure-5). . 4. That from the record of the Kohima College for the year 1979, Taditui Zeliang name is appeared at Serial No. 78, appeared B.A.but failed. (Enclosure-6) And from the list of B.A. final 1980 (Enclosure-7) it is clear that Taditui Zeliang did not appear B.A. final. That Kohima College falls under this Kohima (North) Police Station jurisdiction. 5. That from the few available documents and records Shri. T.R. Zeliang @ Taditui Zeliang (Chief Minister of Nagaland had filed false affidavit punishable U/S 125-A of The Representation of Peoples Act 1951 and U/S 181/193/199/200/417/468 IPC. Therefore, the undersigned's request you esteemed self to register a Criminal case and investigate into the crime at the earliest. And for this act of kindness, the undersigned's shall ever pray.” 3. It would appear from bare perusal of the information referred to above that the basic allegation raised by the informants are about swearing allegedly false affidavit by Shri. T.R. Zeliang @ Taditui. who is the present Chief Minister of Nagaland. It is alleged that Shri. T.R. Zeliang was a candidate in the election of 7-Peren (ST) Assembly Constituency and he submitted an affidavit sworn before Notary Public. According to the informants, Shri. T.R. Zeliang gave false information regarding his B.A. educational qualification disclosing that he had passed B.A. from Kohima College under North Eastern Hill University in 1980. But on the other hand, in the biography details of "Who is Who" of 2013. he has been described to have graduated from Kohima College in 1979. According to the informants/from the record of the Kohima College for the year 1979, Shri. T.R. Zeliang appeared at B.A. examination vide Serial No. 78 but he failed. From the list of B.A. final of 1980 the name of Taditui Zeliang did not appear in the list of successful candidates. From the aforesaid information's/the informants are of the view that Shri. T.R. Zeliang had filed false affidavit before the Election Commission. From the list of B.A. final of 1980 the name of Taditui Zeliang did not appear in the list of successful candidates. From the aforesaid information's/the informants are of the view that Shri. T.R. Zeliang had filed false affidavit before the Election Commission. The facts alleged in the information discloses allegation of furnishing false affidavit before the Election Commission which establishes a prima facie case under Section 125-A of the Representation of Peoples' Act for which a punishment of 6 (six) months imprisonment is prescribed in law. Obviously, this is not a cognisable offence. Be that as it may, in the information furnished by the petitioners there is no allegation as to committing forgery by Shri. T.R. Zeliang although. Section 468 has been mentioned at the end of the information. Mere mentioning of section cannot Ire construed to have disclosed the ingredients of the section unless by furnishing material facts ingredients of the section are disclosed. Addition of Section 468 IPC, therefore. cannot lead to a presumption that the information furnished by the petitioners contained allegations of cognisable offence. 4. The petitioners have further stated in the writ petition that pursuant to filing of the writ petition, the Deputy Superintendent of Police recorded their statements but there-after no action has been taken and no case has been registered against Shri. T.R. Zeliang. This, according to Mr. Longchar, is the cause of action for filing this writ petition. 5. Mr. K Sema, learned Additional Advocate General, on the other hand, submits that mere mentioning of Section 468 IPC; docs not mean that allegations of cognisable offence has been levelled against Shri. T.R. Zeliang. Placing reliance on the case of Lalita Kumari v. Government of Uttar Pradesh reported in (2014) 2 SCC 1 , the learned Additional Advocate General submits that unless and until cognisable offences are disclosed in the information. police is not duty bound to register a case. A case would be different if the F.I.R. itself contains materials suggesting commission of cognisable offence by an accused. Whether the allegations levelled arc correct or incorrect, cannot be a subject matter for consideration by the police at this stage. Even if some allegations are levelled which, if taken at face value, commission of a cognisable offence is disclosed, the police is duty bound to register a case. Whether the allegations levelled arc correct or incorrect, cannot be a subject matter for consideration by the police at this stage. Even if some allegations are levelled which, if taken at face value, commission of a cognisable offence is disclosed, the police is duty bound to register a case. But on the other hand, if there is no ingredient of cognisable offence in the information, police is not duty bound for registering a case but can inquire into the allegation. 6. Having heard the learned counsel for the parties and on perusal of Annexure-2 to the writ petition, I do not find that the petitioners have disclosed commission of any cognisable offence. Only allegations are that while the affidavit filed by him discloses that he graduated in 1980 from Kohima College under North Eastern Hill University. the records do not justify such claim. On she other hand, in the biography details of candidates of "Who is Who" of 2013. the same T.R. Zeliang is described as i graduate from Kohima College in the year 1979. All these allegations even if taken at face value, he can be said to have furnished false affidavit before the Election Commission and so, a prima facie case under Section 125-A of the Representation of Peoples Act might have been made out against him. This again is not a cognisable offence and so, in view of provision of Section 154 of the Code of Criminal Procedure as well as the law laid down by the Constituent Bench of Hon'ble Supreme Court in the case of Lalita Kumari (supra), no direction can be given to police for registering a case on the basis of such information. The writ petition, therefore, is devoid of any merit. It is accordingly, closed. 7. No order as to costs.