TADAR HAGAI Vs. STATE OF A. P.

JUDGEMENT

(1.) Heard Mr. J. Jini, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.

(2.) This is an application under Sec. 482 of the Code of Criminal Procedure, 1973 praying for quashing and setting aside the Charge-Sheet No. 05/2016, dtd. 21/10/2016, under Sec. 341/324 of the Indian Penal Code, arising out of Sangalee P.S. Case No. 12/2016, dtd. 14/9/2016, which is presently pending before the Court of learned Judicial Magistrate First Class, Yupia, District Papum Pare, Arunachal Pradesh, as G.R. Case No. 663/2016.

(3.) The present petition is jointly filed by the petitioner No. 1, who is the alleged accused; petitioner No. 2, who is the victim of this case; and the petitioner No. 3, who is the informant of this case. The F.I.R. dtd. 14/9/2016 was lodged by petitioner No. 3 alleging inter alia that on the same day, at about 10.00 hours, while the T.K and Sons Enterprise Excavator Operator- Shri Rajendra Adav (petitioner No. 2) was excavating on TAH (Trans Arunachal Highway) near Rach Village, one Shri Tadar Hagai (petitioner No. 1) of Chumbang Village arrived at the working site and stopped the excavation work and assaulted the Excavator Operator- Shri Rajendar Adav, who sustained injury. On receipt of the said F.I.R., the Officer-In-Charge of the Sagalee Police Station registered a criminal case against the petitioner No. 1 under Sagalee P.S. Case No. 12/2016, under Ss. 341/323 of the Indian Penal Code.