LAWS(GAU)-2011-1-30

SIMON JOSEPH Vs. STATE OF ARUNACHAL PRADESH

Decided On January 19, 2011
SIMON JOSEPH Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, learned Counsel appearing for the Petitioner. Also heard Mr. I. Basar, learned Addl. Public Prosecutor who represents the State, Mr. N. Jollow, learned Counsel appears for the Respondent No. 2 (informant).

(2.) The Petitioner challenges the legality of the criminal proceeding in the GR Case No. 38/2008 in the Court of the learned Additional Deputy Commissioner and ex-officio Judicial Magistrate, 1st Class, Naharlagun and seeks quashing of the order passed by the Magistrate on 3.8.2009, taking cognizance of the case against the accused Petitioner under Sections 497 and 498 of the Indian Penal Code (IPC).

(3.) Before proceeding to consider the legal arguments, it would be appropriate to take note of the relevant facts.