KOMYOR BAME Vs. STATE OF AP

JUDGEMENT

(1.) Heard Mr. Bomchi Taipodia, learned counsel for the petitioners and also heard Mr. T. Ete, learned Addl. P.P. for the State of Arunachal Pradesh.

(2.) This is a joint application under section 482 of Cr. P.C filed by the accused, the complainant and the victim praying for quashing and setting aside of the Charge-sheet No. 26/2019 under section 304/324 of IPC submitted against the petitioner No.1 in connection with Likabali P.S Case No. 05/2019.

(3.) On 03.01.2019, the petitioner No. 2 who is the father of the petitioner No.3 lodged a complaint to the Officer-in-charge, Likabali P.S stating that around 09:15 P.M on 02.01.2019 Sri. Komyor Bame (accused/petitioner No.1) was heard making a loud noise at his own residence, and hearing the noise his son Sri. Yomto Dini (the petitioner No.3/the victim) went to the residence of Mr. Komyor Bame. On reaching the residence of Mr. Komyor Bame, Mr. Yomto Dini (the petitioner No.3/the victim) asked the former as to why he was making noise. At this, Mr. Komyor Bame (the petitioner No.1/the accused) got angry and pick up a dao which was lying nearby and gave a blow on the face of Mr. Yomto Dini which caused grievous injuries. Therefore, necessary action may be taken. On received of the complaint, the Likabli P.S registered the FIR Case No. 05/2019, under section 307/324 of IPC. During the investigation, the petitioner No. 3, who was the victim was taken to the Dhemaji Civil Hospital where the Doctor examined him and found that his injury was simple and it was caused with a sharp weapon. After the investigation was completed, the P.S submitted the chargesheet to the learned CJM, West Siang district and the learned CJM took cognizance and committed the same to the learned Session Judge, Aalo, West Siang. The learned Session Judge after receiving the charge-sheet fixed the matter for charge consideration but hearing could not take place due to the situation arising out of the spread of COVID-19 pandemic. While the case is pending at that stage the petitioners have come before this Court praying as stated above.