Crl.Petn./84/2025 of OJONI M. MARAK AND 2 ORS. Vs RONE G. MOMIN AND ANR on 18 April 2026

1. Smti Ojoni M. Marak.

2. Smti Priya M. Marak.

3. Shri Isaac M. Marak ...Petitioners

- versus -

1. Rone G. Momin

2. The Executive Magistrate,

East Garo Hills District, Williamnagar. ...Respondents

Coram:

Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Ms T. Yangkyi, Adv.

For the Respondents : Mr A.M. Sangma, Adv. [for R1]

Ms R. Colney, GA [for R2]

i) Whether approved for Yes/No

reporting in Law journals etc.:

ii) Whether approved for publication Yes/No

in press:

JUDGMENT: (per the Hon’ble, the Chief Justice) (Oral)

Heard learned counsel for the parties.

Serial No. 01 Daily List

2. Rule. Rule is made returnable forthwith with the consent of the parties and the aforesaid petition is taken up for final disposal.

3. By this petition, the petitioner has impugned the order dated 25th November, 2025 passed by the learned Executive Magistrate, East Garo Hills District, Williamnagar and as such, seeks quashing and setting aside of the same.

4. The premise on which quashing of the impugned order is sought, that no show-cause notice was admittedly issued to the petitioners before the impugned order dated 25th November, 2025 was passed, which directed the parties i.e., the petitioners and the respondent No. 1 to execute a bond on 8th December, 2025, under Section 164 of the BNSS.

5. Learned GA fairly states and admits that no show-cause notice was issued to either of the parties before the impugned order was passed. She states that the impugned order be quashed and set aside. She however states that liberty be granted to the

Executive Magistrate, East Garo Hills District, Williamnagar to pursue against the parties, if the occasion, so arises in future.

6. Accordingly, the impugned order dated 25th November, 2025 passed by the Executive Magistrate, East Garo Hills District, Williamnagar is quashed and set aside on the premise that no show-cause notice was issued to either the petitioners or the respondent No. 1 before the said order was passed.

7. The petition is, accordingly allowed and Rule is made absolute in the aforesaid terms.

8. Petition is disposed of accordingly.

9. Needless to state, that it is open for the Executive Magistrate, East Garo Hills District, Williamnagar to take appropriate steps, if so necessary in future, however, only in accordance with law.

(Revati Mohite Dere)

Chief Justice

Digitally signed by SYLVANA LIZ KHARBHIH Date: 2026.04.18 15:31:55 IST Signature Not Verified