PAWAN AGARWAL Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Yellop Singh, learned counsel for the petitioner and Ms. L Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

(2.) The petitioner, Pawan Agarwal, a resident of Vidhyadhar Nagar, Jaypur, Rajasthan, has instituted this application under Sec. 482 of Cr.P.C for setting aside the implication of the petitioner in the F.I.R dtd. 23/11/2017, which resulted in the registration of FIR No. 0227/2017 in the Pasighat Police Station under Ss. 420/420B/34 of IPC. Further prayer is made for setting aside the Non-Bailable Warrant of Arrest (NBWA) dtd. 26/4/2021 issued by the learned Chief Judicial Magistrate, Pasighat. Also the undated notice of appearance under Sec. 41A of Cr.P.C issued by the Investigating Officer, the reminders under Sec. 41A Cr.P.C dtd. 8/9/2021 and 28/8/2021 of the Investigating Officer are also sought to be set aside. It is stated that during the pendency of this petition, a further notice, the date of which the learned counsel for the petitioner is unaware of was issued, which also is sought to be set aside. Consequently, a prayer is also made for setting aside all consequential proceedings pursuant to the aforesaid FIR No. 0227/2017 dt. 23/11/2017 in the Pasighat Police Station.

(3.) We have noticed that in the Pasighat Police Station case No. 0227/2017, the Investigating Officer had issued a summon to the petitioner Pawan Agarwal under Sec. 160 Cr.P.C requiring him to appear before the investigating authority within a month or earlier for the purpose of the statements to be recorded. The said summon under Sec. 160 Cr.P.C is dtd. 8/3/2021.