NGUKA TAIPODIA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. R. Saikia, learned Counsel for the petitioner. Also heard Mr. R.H. Nabam, learned Public Prosecutor for the State of Arunachal Pradesh.

(2.) This application has been filed under Sections 401 and 482 of the Code of Criminal Procedure, 1973, for setting aside and quashing the order dated 19.03.2009 passed by the learned Additional District and Sessions Judge, Fast Track Court, Basar, whereby the acceptance of pardon tendered by the petitioner under Section 307 of the Code of Criminal Procedure, 1973, as an approver, vide order dated 24.01.2005 passed by the learned Addl. Session Judge, FTC, Basar, has been revoked and framed charge against the petitioner, Under Section 376/34 I.P.C.

(3.) From the LCR, it is found that after committal of the case in connection with Likabali P.S. Case No. 03/2003 under Sections 354/376/511 read with Section 34 IPC, to the court of learned Additional District and Session Judge, Fast Track Court, Basar, the accused petitioner tendered pardon under Section 307 of the Code of Criminal Procedure, 1973 and he was discharged from the charge levelled against him in the said case by an order dated 24.01.2005 passed by the learned Additional District and Session Judge, Fast Track Court, Basar, in BSR/SESS. Case No. 484/2004 under Sections 376/34 IPC. The case proceeded against the co-accused. The presiding judge who passed the aforesaid order dated 24.01.2005 was transferred and in his place, a new incumbent took over the charge who passed the impugned order dated 19.03.2009 revoking the earlier order dated 24.01.2005 and framed the charge against the accused petitioner.