Takhe Tamo v. The State of Ap and 15 Others

ORDER Date : 18-09-2024

Heard Ms. R. Yakang, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondents and Mr. H. Lampu, learned counsel for the respondent Nos. 2 to 16.

¶2By filing this criminal petition, the petitioner has prayed for quashing of the F.I.R., which has been registered as Ziro P.S. Case No. 23/2023, under Sections 448/506 of the Indian Penal Code, 1860.

¶3When the matter is taken up for consideration, Mr. T. Ete, learned Additional Public Prosecutor has produced a WT message which reflects that the F.I.R. registered being Ziro P.S. Case No. 23/2023 has been returned in final report vide Ziro P.S. F.R. No. 09/2023 dated 12.12.2023 before the Court of the learned Chief Judicial Magistrate, Ziro.

¶4Mr. H. Lampu, learned counsel submits that against the submission of final report by the Police, the respondents have filed their protest petition which is yet to be considered and disposed of by the competent Court.

¶5Having considered the submissions of the learned counsels for the parties and also considering that the case has already returned in final report before the competent Court at Ziro, I am of the view that no further Page No.# 5/5 consideration is required in the present petition.

¶6Accordingly, the criminal petition stands closed and disposed of.

¶7However, since the private respondents have filed their protest petition, which is yet to be considered by the competent criminal Court at Ziro, the petitioner as well as the respondents may avail the appropriate remedy in the event the protest petition is considered and disposed of by the competent criminal Court.

¶8A copy of the WT message produced by Mr. T. Ete, learned Additional Public Prosecutor be made part of the record and marked as 'x' for identification. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040012782023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./174/2023 Takhe Tamo S/o Late Takhe Tajo, Resident of Hong Village, P.O Ziro, Lower Subansiri District. (A.P) Contact No. 9774001499 VERSUS The State of AP and 15 Others represented by Public Prosecutor 2:Sri Tilling Duri Son of late Tilling Mobing 3:Bullo Tagyung Son of late Bullo Halyang 4:Takhe Pulo Son of late Takhe Tupe Page No.# 2/5 5:Hibu Yaje Son of late Hibu Tanyo 6:Hibu Lampung Son of late Hibu Yama 7:Tilling Tako Son of late Tilling Talu 8:Hibu Nyanyi Son of late Hibu Bida 9:Smti Narang Yamyang Wife of Sri Narang Tam 10:Smti Nami Opyung Wife of Late Nami Tadu Page No.# 3/5 11:Smti Punyo Paya Wife of Late Punyo Yasa 12:Smti Punyo Yaje Wife of Late Nalye 13:Smti Hibu Yassing Wife of Late Hibu Nyipa 14:Bullo Tado Son of Late Bullo Tarang 15:Tapi Byoko Son of Late Tapi Uma 16:Buddhi Kunya Son of Late Budhi Chatung Lower Subansiri District. (A.P) Pin Code - 79112 Page No.# 4/5 Advocate for the Petitioner : Subu Koyang, Radhe Yakang,Ugin Puri Advocate for the Respondent : P P of AP, Hage Lampu,H Obing BEFORE HONOURABLE MR. JUSTICE KARDAK ETE