Ajay Raja @ Romiyan Karunaniyhi v. The State of Nagaland and Anr

ORDER Date : 19-06-2023 Heard Mr. D. Gogoi, learned counsel for the petitioner and Mr. V. Zhimomi, learned P.P appearing for the State respondents. This application has been filed under section 482 of the Cr. P.C, 1973 for recalling the order dated 08.06.2023 passed by this Court in Criminal Petition No. 24/2022 (vacating the interim order dated 27.10.2022) and to stay the proceeding arising out of G.R Case No. 416/2022 pending before the Court of the learned CJM, Dimapur, Nagaland, by restoring the order dated 27.10.2022, Page No.# 3/5 passed in the connected criminal petition. The order dated 08.06.2023 passed by this Court vacating the interim order dated 27.10.2022 is reproduced as under; "Heard Mr. P. Pfortee, the learned counsel for the petitioner and Mr. V. Zhimomi, the learned Public Prosecutor appearing on behalf of the respondent No.1.

¶2The instant petition has been filed for quashing the GR Case No.416/2022 pending before the Chief Judicial Magistrate, Dimapur registered under Sections 406/420 of the IPC.

¶3The entire edifice of the case of the petitioner is that the petitioner along with the respondent No.2 have amicably compromised the matter, and as such, the said proceedings is required to be quashed.

¶4It further appears from the materials on record that on 27.10.2022, this Court stayed the further proceedings of GR Case no.416/2022 pending before the Chief Judicial Magistrate, Dimapur until further order.

¶5It surprises this Court that till date, the petitioner has not been able to effect service upon the respondent No.2 in spite of the fact that the entire genesis of the present case is based upon the amicable compromise of the matter between the petitioner and the respondent No.2.

¶6Considering the above, this Court does not find any justifiable reason for further continuing the interim order dated 27.10.2022 and accordingly stands vacated.

¶7List the matter on 19.06.2023.

¶8The case record so received is returned to the Court below for proceeding with the matter in accordance with law." In this connection, it may be relevant to refer to the different orders passed by this Court more particularly, the order passed on 16.03.2023,

03.04.2023 and 23.05.2023. By the order dated 16.03.2023, the notice upon the respondent No. 2 was directed to be served through the Officer-in-Charge, Page No.# 4/5 East Police Station, Dimapur and the said Officer-in-Charge was directed to file an affidavit to that effect. Thereafter, again by the order dated 03.04.2023, the Registry was directed to serve a copy of the order dated 16.03.2023 along with the order dated 03.04.2023 to the Officer-in-Charge, East Police Station, Dimapur for effecting the service of notice upon the respondent No. 2 and to file an affidavit to that effect. In the order dated 03.04.2023, the learned P.P. was also directed to take steps with the Officer-in-Charge, East Police Station, Dimapur, Nagaland, for carrying out the order passed by this Court. Thereafter, again by the order dated 23.05.2023, this Court had directed the Registry to issue reminder to the Officer-in-Charge, East Police Station, Dimapur to comply with the order dated 03.04.2023. The Registry was also directed to communicate the order passed by this Court to the Officer-in-Charge, East Police Station, Dimapur, Nagaland, for compliance. Mr. V. Zhimomi, the learned P.P. submits that though the notice has been served on the respondent No.2, through the Officer-in-Charge, East Police Station, the affidavit prepared by the Officer-in-Charge, East Police Station stating service of notice on the respondent No.2 has been misplaced and due to which the same could not filed. Mr. V. Zhimomi, the learned P.P. however submits that he shall personally take steps for service of notice upon the respondent No.2 through the Officer-in-Charge, East Police Station within 7(seven) days from today and shall file an affidavit to that effect. It is also directed that the learned counsel for the petitioner shall take steps for service of notice upon the respondent No.2 through dasti process within a period of 7(seven) days from today and to file affidavit to that effect. On perusal of the orders passed by this Court on 16.03.2023, 03.04.2023 and 23.05.2023, this Court, in the interest of justice is inclined to recall the order dated 08.06.2023 passed by this Court in the connected criminal petition. The order dated 08.06.2023 accordingly stands recalled. The order dated

27.10.2022 passed by this Court in the connected criminal petition is restored and accordingly further proceeding pending before the learned CJM, Dimapur, in G.R Case No. 416/2022 shall remain suspended. Page No.# 5/5 List the Criminal Petition No. 24/2022 on 28.07.2023. Call for the LCR. I.A.(Crl.) stands disposed. A copy of this order shall be furnished to the learned P.P. in the course of the day.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/5 GAHC020005622022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./24/2022 AJAY RAJA @ ROMIYAN KARUNANITHI AGED ABOUT 56 YEARS, S/O LATE SUBAIYA ROMIYAN, R/O KHARGHULI, P.O - UZANBAZAR, P.S - LATASHILL, GUWAHATI - 781004, DISTRICT - KAMRUP(M), ASSAM VERSUS THE STATE OF NAGALAND AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, NAGALAND 2:LUNJAGIN SINGSON S/O KHUPKHOLUN SINGSON R/O 920 KUDA - B VILLAGE NEAR PILGRM SCHOOL BYE LANE NO.10 DAMAPURSADAR DIMAPUR NAGALAN Advocate for the Petitioner : D GOGOI Advocate for the Respondent : GOVT ADV NL Linked Case : I.A.(Crl.)/5/2023 Page No.# 2/5 AJAY RAJA @ ROMIYAN KARUNANIYHI S/O LATE SUBAIYA ROMIYAN R/O KHARGULI P.O.-UZANBAZAR P.S. LATASIL GUWAHATI-783380 KAMRUP(M) ASSAM VERSUS THE STATE OF NAGALAND AND ANR KOHIMA NAGALAND 2:LUNJAGIN SINGSON S/O KHUPKHOLUN SINGSON R/O 920 KUDA-B VILLAGE NEAR PILGRIM SCHOOL BYE LANE NO 10 DAMAPURSADAR DIMAPUR NAGALAND ------------ Advocate for : D GOGOI Advocate for : P.P NAGALAND appearing for THE STATE OF NAGALAND AND ANR BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA