MARRIK DIRCHI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned senior counsel assisted by Mr. U.J. Saikia, learned Counsel for the petitioner. Also heard Ms. G. Deka, learned Additional Senior Govt. advocate for the respondent Nos. 1 to 3 and Mr. M. Batt, learned Counsel appearing on behalf of the private respondent No. 4.

(2.) This application under Article 226 of the Constitution of India has been filed praying for quashing the proceeding initiated in CR Case No. 13/2007 by the learned Judicial Magistrate, 1st Class, Naharlagun and also for setting aside the decision of the kebang/yallung dated 28.8.2008 inasmuch as the yallung was conducted without consent of the petitioner and without giving him any opportunity to nominate equal number of members and also an umpire as provided under Section 38(1), (2) of the Assam Frontier (Administration of Justice) Regulation, 1945 (hereinafter referred to as "the Regulation").

(3.) The brief fact of the case is that the private respondent No. 4, Sri Bamang Taniang lodged a complaint on 28.3.2007 before the Judicial Magistrate 1st Class, Naharlagun and on the same day, the JMFC, Naharlagun registered a case namely, NLG/CR-13/07 against the petitioner under Section 420, IPC and issued a non-bailable warrant of arrest to produce the petitioner before his Court on or before 30.4.2007. The petitioner was arrested by police on the strength of the aforesaid non-bailable warrant of arrest order. While he was in jail, the petitioner's wife and his own younger brother applied for bail of the petitioner before the learned JMFC and the learned Magistrate vide order dated 19.8.2008 granted the bail on certain conditions. One of the conditions imposed was that the accused should attend Yallung/Kebang as and when called. The other condition was that the yallung should be conducted within 10 days from the date of bail order. Accordingly, a yallung was held on 28.8.2008 but the petitioner was not aware about it and he came to know about the holding of yallung and its decision only when a copy of its decision was served on him. The petitioner was not present in the said yallung held on 28.8.2008.