RIKCHOL LOMBI Vs. STATE OF A. P.

JUDGEMENT

(1.) Heard Mr. V. Jamoh, learned counsel for the petitioner. Also heard Mr. G. Tado, learned Addl. Public Prosecutor for the State of Arunachal Pradesh.

(2.) By filing this application jointly under Sec. 482 of the Cr.PC, 1973, the petitioners have prayed for quashing of the criminal proceedings in G.R. case No. 182 of 2022 under Ss. 445/323/506 Para-I IPC, 1860, corresponding to Itanagar P.S. Case No. 66/ 2022 pending before the Chief Judicial Magistrate, Capital Complex, Yupia, on the basis of compromise between them.

(3.) The case set up by the prosecution is that on 1/3/2022 a written FIR was received from one Shri Rikchol Lombi of Donyi Polo RWD Colony, Itanagar, to the effect that at around 5.30 AM one Shri Taro Biki of Ganga village has barged into the rented house of the informant located at Donyi Polo near RWD colony, Itanagar, and assaulted him by wooden chair while the informant was sleeping in his room. As result of which he suffered severe injury to his elbow. Accordingly, a case was registered being Itanagar P.S. Cas No. 66/2022 under Ss. 448/323/427/506 IPC. On completion of the investigation, a charge- sheet was laid under Ss. 448/323/427/506, IPC against the accused/ petitioner no. 2. The learned Chief Judicial Magistrate has framed the charges against the accused/petitioner no. 2 under Ss. 323/455/506 Para-I, IPC, 1860 by altering the Sec. 448 IPC to Sec. 455, IPC.