(1.) HEARD Mr. S. Dutta, learned counsel appearing for the accused petitioners, namely, Smt. Zavekholu Epao and Smt. Phuholi Sumi. Also heard Mr. N.M. Jamir, learned PP, Nagaland.
(2.) THIS application under Section 397/401 of the Cr.P.C. read with Article 227 of the Constitution of India, has been filed by the accused petitioners challenging the order dated 21.6.2010 passed by Smt. M.T. Therieh, Judicial Magistrate, First Class, Kohima in GR Case No. 40/2009, by which charges against the accused petitioners have been framed under Section 119/477/409/403/465/471/120(B) of IPC. Upon framing of the charge, the accused petitioners pleaded not guilty and claimed to be tried. Accordingly, summon had been issued to PW-1 for examination on 20.7.2010. However, because of pendency of the instant proceeding, there is no progress in the criminal proceeding pending before the learned Trial Court.
(3.) I have considered the rival submissions made by the learned counsel for the parties and have also perused the entire materials on record.