Crl.Petn./71/2026 of IBARISHA NONGBRI Vs STATE OF MEGHALAYA AND ORS. on 6 July 2026

1. State of Meghalaya represented by the Secretary, Ministry of Home, Shillong, East Khasi Hills District, Meghalaya.

2. Superintendent of Police, South West Khasi Hills District, Mawkyriat, Meghalaya.

3. Officer-in-charge, Nonghyllam Police Station, Nonghyllam, South West Khasi Hills District, Meghalaya. ...Responents

Coram:

Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Mr H.R. Nath, Adv. with

Ms B. Sun, Adv.

For the Respondents : Mr R. Gurung, GA

At the outset, learned GA raised a preliminary objection. He states that the aforesaid petition filed under Section 528 BNSS is not maintainable inasmuch as, the petitioner had filed an application seeking discharge from the said case, which application was rejected by the learned trial Judge. He submits that at the highest, it is now open Serial No. 08 Daily List 2026:MLHC:666

for the petitioner to challenge the said order by way of a revision application.

2. In view of the preliminary objection raised by the learned GA, learned counsel for the petitioner seeks leave to withdraw the petition, to challenge the order rejecting the petitioner’s discharge application by filing a revision application.

3. In view of the aforesaid, the petition is, accordingly disposed of.

4. It is made clear, that this Court has not gone into the merits of the petition and as such, all contentions on merits of all parties are kept open.

5. All parties to act on the authenticated copy of this order.

(Revati Mohite Dere)

Chief Justice

2026:MLHC:666 Digitally signed by SYLVANA LIZ KHARBHIH Date: 2026.07.06 19:30:31 IST Signature Not Verified