RENDING TAYO BEKI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. C. Modi, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State and Ms. S. V. Darang, learned Amicus Curiae appearing for the respondent No. 2.

(2.) This is an application under Sec. 482 of the Cr.P.C, praying for quashing of the impugned dismissal order, dtd. 9/8/2021, passed by the learned District and Session's Judge, Ziro, and order, dtd. 8/6/2021, in CR. Case No. 08/2016 passed by the Executive Magistrate, Ziro.

(3.) It is the case of the petitioner that 145 Cr.P.C proceeding was initiated by the Executive Magistrate, Ziro against the petitioner, private respondent and the forest Department on 29/12/2016 and without following the proper procedure, the eviction order was passed on 29/11/2017 by the Executive Magistrate, Ziro against the petitioner, directing him to remove the standing structures of the petitioner in the disputed land within 15 days from the date of the order. The petitioner than approach this Court in the form of writ petition being WP(C)814(AP)2017 wherein, this Court was pleased to set aside and quashed the eviction order, dtd. 29/11/2017, issued by the learned Executive Magistrate, Ziro vide its order, dtd. 11/9/2018, with a direction to the learned Executive Magistrate, Ziro to proceed with the matter afresh by complying all the provisions as stipulated under Sec. 145 Cr.P.C. However, under political pressure on the Deputy Commissioner, Ziro, who was holding the Office of the Executive Magistrate, Ziro passed the eviction order against the petitioner by abusing the judicial power conferred on the Court and also by violating the order, dtd. 11/9/2018, passed by this Court in WP(C)814(AP)/2017. The learned Executive Magistrate, Ziro passed the order during the pandemic period of Corona, though, all the Courts works were suspended in all trial Courts of the entire Arunachal Pradesh and, accordingly, disposed the matter on 8/6/2021 during the period of the lock down, evicting the petitioner from the disputed land.