NYAMAR RIKE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. I. Choudhury, the learned Senior Counsel assisted by Mr. K. Lolem, the learned counsel appearing on behalf of the Petitioner. I have also heard Ms. L. Hage, the Additional Public Prosecutor and Mr. S. Tapin, the learned counsel appearing on behalf of the Respondent No.2.

(2.) The instant application under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "the Code") is filed for setting aside and quashing the order dtd. 7/2/2020 whereby charge was framed under Sec. 506 (Part-II) of the Indian Penal Code (for short "the IPC") against the Petitioner herein in connection with Aalo P.S. Case No.79/2016 registered under Ss. 447/448/506 of the Indian Penal Code corresponding to G.R. Case No.49/2017. The Petitioner has also challenged the charge sheet dtd. 7/1/2017 filed in connection with Aalo P.S. Case No.79/2016 registered under Ss. 447/448/506 of the Indian Penal Code by which charge under Sec. 506 (Part- II) of the Indian Penal Code was framed against the Petitioner as well as the connected criminal proceedings i.e. G.R. Case No.49/2017 pending before the Court of Chief Judicial Magistrate, Aalo West Siang, Arunachal Pradesh.

(3.) Before taking into consideration the contentions made by the parties, it would be relevant to take note of the brief facts of the case. On 21/11/2016, an F.I.R. was filed by the Respondent No.2 alleging inter alia that on 18/11/2016, the brother-in-law of the Respondent No.2 hosted a dinner party on the occasion of a marriage ceremony of his eldest son at his private residence located at Gour Hill Aalo where various persons, friends and relatives, well wishers alongwith the M.L.A of 31st Aalo East Constituency were invited. The Respondent No.2 being the eldest son-in-law of the Lona family was entrusted to anchor the party. It was alleged that the said Respondent No.2 noticed that the Petitioner was moving all around the party hall and causing annoyance to the guests and making them uncomfortable with his unnecessary arguments and in doing so also threatened the Executive Engineer, WRD, Aalo without any reason. The Respondent No.2 further alleged in his F.I.R. that he requested the Petitioner to maintain etiquette and give proper respect to the invitees. But the Petitioner refused to do so and countered the Respondent No.2 with abusive words. It was further alleged in the said F.I.R. that various guests left the party in view of the behavior of the Petitioner and as such the Respondent No.2 on asking the Petitioner to behave properly, the Petitioner got furious and took out the revolver from his waist and pointed towards the Respondent No.2 but nothing happened as in the meantime the Petitioner was intervened by other persons. It was further alleged that the Petitioner had stated that he would not do anything in the Lona house but would kill the Respondent No.2 outside somewhere, sometime when he gets an opportunity.