V. RAJAN Vs. STATE

JUDGEMENT

(1.) The petitioner filed this revisional application under Sec. 401 read with Sec. 482 of Criminal Procedure Code, 1973 praying for quashing of FIR No. 4 of 2022 of PS Nancowry under Sec. 447 of Indian Penal Code and Sec. 7 and 8 of the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Amendment Regulation, 2012 pending before learned Judicial Magistrate Car Nicobar.

(2.) It is the case of the petitioner that he is a permanent Government servant, working in the Indian Reserve Battalion, Andaman and Nicobar Islands. The petitioner was born and brought up and pursued his education at Kamorta (Nancowry). He is a permanent resident of Karmorta (Nancowry) village, under the jurisdiction of Nancowry Police Station. On 30/9/2002 the petitioner was selected for the post of a constable of Indian Reserve Battalion, Andaman and Nicobar Islands and was promoted to the post of Head Constable (GD) on 14/10/2008.

(3.) During the service tenure of the petitioner there is no adverse finding against him anywhere in the islands. The petitioner was born at Karmorta where the petitioner's father permanently resides. The petitioner's father runs a vegetable shop in the market area of Sree Sree Radha Krishna Temple. One K.T.Rajan who had constructed a house near the shop has left the islands and handed over the shop to the petitioner's father Veera Pandian through Temple Committee of Sree Sree Radha Krishna Temple. The said house was thereafter allotted to petitioner's father by the Allotment order No. 59 dtd. 1/1/2019 for residential purpose on a monthly rent of Rs.300.00. The father of the petitioner pays rent to the Temple Committee and the Central Public works Department. The allotment of land was made on 1/1/2019 for a period of five years with restriction that only semi permanent structure can be erected for residential purpose.