NEELAM POPE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard the learned Senior Counsel, Mr. M. Pertin, appearing for the petitioner. Also heard Mr. G. Tado, the learned Additional Public Prosecutor for the State of Arunachal Pradesh and Mr. T. T. Tara, the learned counsel for the private respondent.

(2.) The petitioner, Shri Neelam Pope, has filed this petition under Section 482 of the Cr.P.C. praying for quashing the criminal proceeding of G.R. Case No. 14/2009, arising out of Itanagar P.S. Case No. 132/2009, presently pending before the Court of Chief Judicial Magistrate, Capital Complex, Yupia.

(3.) What will happen to an erroneous judicial order unless it is set aside or correct by a superior Court? This is the crux of the present petition. Before the passing of the judgment of this Court in Registrar General, Gauhati High Court Vs. Union of India and Ors. reported in 2013 (4) GLT 1109, there was no separation of judiciary in the State of Arunachal Pradesh. The Judicial functions were carried out by the Executive under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945 (hereinafter referred to as "Regulation of 1945").