AHMED ALI AYUBI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. B. K. Mishra, learned counsel for the petitioner. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent No.1 and Mr. K. Tama, learned counsel for the respondent Nos. 2 and 3.

(2.) This is an application filed under Sec. 397 of Cr.P.C. read with Sec. 401 and 482 of the Code of Criminal Procedure, 1973, challenging the order dtd. 12/1/2023 passed by the learned Judicial Magistrate First Class, Capital Complex, Yupia, Arunachal Pradesh [in short ld. JMFC, Yupia] in Zimmanama No.50/2022.

(3.) The brief fact of the case is that; on 15/11/2022, one Kalley Rijuju/respondent No.3 resident of village- Nabolong, under the Police Station- Lada/Seppa, East Kameng District lodged a written First Information Report(FIR) before the Officer-in-Charge, Itanagar Police Station, alleging inter- alia with the allegation of criminal conspiracy, cheating against the present petitioner which was accordingly registered under Itanagar P. S. Case No. 0281/2022 under Ss. 120B/467/468/471/420/406 of the Indian Penal Code. It is stated that the petitioner is not all involved in the alleged offence as stated in the FIR dtd. 15/11/2022. In fact, the petitioner has stated that the entire case is completely different than alleged in the aforesaid FIR and brings in brief the following facts;