SUBRA NATH Vs. GOVERNMENT OF NAGALAND

JUDGEMENT

(1.) NONE for the petitioner. Heard Ms. T. Khro, learned Govt. Advocate, Nagaland. On 25.05.2006 this Court passed the following detail order while entertaining this taken up writ petition, in our extraordinary jurisdiction under Article 226/227 of the Constitution of India relating to PIL.

(2.) THE Director General of Police in a very forthrightly points out the defects and shortcomings in the investigation. The Director General of Police has noticed the following shortcomings after verification of the records:

(3.) THE learned Advocate General, Nagaland rightly suggests that it may be proper for this Court to scrutinize the records before any further decision is taken in the matter. The learned Advocate General, Nagaland very fairly states that he is ready and willing to assist the Court so that the Court arrives at proper and just conclusion to do complete justice in the matter. The stand taken by the learned Advocate General is appreciated and the same is placed on record. Post this matter on 12.06.2006 and in the meanwhile, the relevant record is to be neatly typed and presented to the Court by the next date of hearing. '' It may be mentioned that charge sheet was filed by the State (prosecuting agency) against the accused in sessions case before Additional Deputy Commissioner in Case No. GR 448/97 (State of Nagaland vs. Debashish Nath). However, the accused was acquitted by the Sessions Court by judgment/order dated 14.01.2002.