Meghalaya High Court
Shri. Aribul Arengh vs . The State Of Meghalaya & Ors. on 6 August, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 01
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
AB No. 17 of 2025
Date of Order: 06.08.2025
Shri. Aribul Arengh Vs. The State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. N.I. Choudhury, Adv.
Ms. G. Pyngrope, Adv.
For the Respondent(s) : Ms. N.G. Shylla, Sr. GA with
Mr. E.R. Chyne, GA
Heard Mr. N.I. Choudhury, learned counsel for the petitioner who has
submitted that the petitioner is a student who had passed out from Royal High
School, Hailakandi District, Assam having passed the H.S.L.C. examination
this year.
The learned counsel has also submitted that a complaint was filed before
the Officer-in-Charge, Ranikor Police Station, South West Khasi Hills by one
Shri. Samuel Marak, Headman, Rajapara village. The complaint concerns the
prayer for issuance of Scheduled Tribe certificate in favour of the petitioner for
which the bona fide of the petitioner as citizen of India has been questioned.
Eventually, the said complaint was registered by the police as Ranikor
P.S. Case No. 10 of 2025 under Section 14(c) of the Foreigners Act, 1946. In
the meantime, notice under Section 94 BNSS was issued upon the father of the
petitioner calling upon him to produce certain documents which was done so
on 06.07.2025.
Further, the learned counsel has submitted that in spite of such
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developments, it is learnt that the police are seeking the arrest of the petitioner.
Hence on this apprehension of imminent arrest, the petitioner has approached
this Court with a prayer for grant of pre-arrest bail.
Ms. N.G. Shylla, learned Sr. GA appearing for the respondents has
submitted that firstly as regard the notice under Section 94 BNSS, the same was
issued to the father of the petitioner and even so, the provision of Section 94
BNSS does not provide or empower the police to arrest the noticee even if the
noticee fail to comply with such summon. Therefore, under such circumstances
there is no apprehension apparent to enable the petitioner to seek recourse from
this Court as far as the prayer made herein is concerned. It is prayed that
necessary orders may be passed in this regard.
This Court has considered the submission made and its attention is drawn
to the averment made at para 6 of this petition which, as submitted by the
learned counsel for the petitioner, has referred to the institution/registration of
Ranikor P.S. Case No. 10 of 2025, apparently, the petitioner being the focus of
the complaint made in the said FIR. It is not known as to how the investigation
has progressed and what is the findings or opinion of the IO at this point of
time. At this juncture, it would be prudent for this Court to call for the status
report from the IO, more particularly as regard any action sought to be taken
against the petitioner. As such, the IO is directed to file the status report on the
next date fixed.
In the meantime, interim bail is granted to the petitioner in the event of
his arrest with conditions that he shall not abscond and he shall cooperate with
the IO as and when required.
List this matter on 14.08.2025.
Judge
Meghalaya
06.08.2025
“Tiprilynti-PS”
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