ER. S. BENRIO KITHAN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The instant criminal petition under Sec. 482, Code of Criminal Procedure, ['the Code' and/or 'the CrPC', for short] is preferred by 11 petitioners viz. [i] Er. S. Benrio Kithan, [ii] Michael, [iii] Kenneth, [iv] Orenthung, [v] Yanpothung, [vi] Tsenabemo, [vii] Wonchit-hung Kikon, [viii] Chanchithung, [ix] Nyan-bemo Ngullie, [x] Yanthungo Ezung, and [xi] A. Mhathung Tungoe, seeking quashing and setting aside of a First Information Report [FIR] dtd. 6/10/2017, registered as Wokha Police Station Case no. 29/2017 [corresponding G.R. Case no. 47/2017] initially for offences under Ss. 363/342/337/352, Indian Penal Code [IPC] r/w Sec. 75 of the Juvenile Justice [Care and Protection of Children] Act, 2015; the charge sheet no. 74/2018 submitted in connection with Wokha Police Station case no. 29/2017 and G.R. case no. 47/2017; and the criminal proceedings arising out of the said FIR.

(2.) Mr. Chingmei Konyak, learned counsel for the petitioners has submitted that the petitioner no. 5, the petitioner no. 7 and the petitioner no. 8 were, however, not charge-sheeted in the Charge Sheet no. 74/2018 dtd. 6/9/2018. As those 3 [three] petitioners were interrogated during the course of investigation, the instant petition is also preferred by them along with other the petitioners, who were charge sheeted, inadvertently. Mr. Konyak has submitted that in the proceedings subsequent to the stage of framing the charges also, these 3 [three] petitioners are not arraigned as accused in the trial. Expressing apology, Mr. Konyak has submitted that their names are to be deleted as petitioners from the instant criminal petition. Accepting such submissions, the prayer so made is allowed. The afore-mentioned three petitioners' names are deleted from the array of petitioners.

(3.) The other petitioners have been arraigned as accused by the investigating agency after institution of the FIR lodged by one Thungbemo Ngullie, who is impleaded as the respondent no. 2 in the instant criminal petition. In the FIR lodged on 4/10/2017, the respondent no. 2 as the informant, had inter alia alleged that his minor son, aged about 15 years, was kidnapped at the instance of one Er. S. Benrio Kithan [the petitioner no.1] along with his accomplices on 3/10/2017. The informant-respondent no. 2 had further alleged that his minor son was assaulted and as a result, he sustained serious injuries and he did not know whereabouts of his son.