LOKAM TALO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Kamduk, learned counsel appearing on behalf of the accused/petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor, representing the State respondent.

(2.) The instant petition, under Sec. 528 of the BNSS, 2023, has been filed by the accused/petitioner for quashing of the criminal proceeding pending against him in connection with G. R. Case No. 133/2006, under Sec. 384/511 of the IPC, corresponding to ITA P. S. Case No. 127/2006.

(3.) The brief facts of the case are that in the year 2006, there was an election for the post of Secretary/President of the Itanagar Market Welfare Society. In that election, one Shri Yumlam Achung, Shri Baman Tagik and the accused/petitioner had submitted their candidatures for the post of Secretary of the aforesaid society. During the aforesaid election process, an FIR dtd. 19/7/2006 was lodged by the informant(Late Anil Chandra Kar, since deceased) against the accused/petitioner, alleging that the accused/petitioner, equipped with small arms, came to him last 20 days back and demanded an amount of Rs.1,500.00 in order to purchase petrol and out of fear, the informant had given the said amount and again on 19/7/2006, at around 10.30 am, the accused/petitioner came to his shop and demanded Rs.50,000.00 in favour of NSCN within 23/7/2006. It was alleged that the informant was threatened by the accused/petitioner that in case, he failed to pay the aforesaid amount then, the informant had to face dire consequences. The informant did not pay the amount as demanded by the accused/petitioner. Accordingly, ITA P.S. Case No. 127/2006, under Ss. 384/506 of the IPC was registered against the accused/petitioner. The accused/petitioner came to know about the aforesaid FIR lodged against him for extortion of money and on enquiry, it came to light that three local boys went to the informant and forcefully took the signature of the informant in a paper without explaining the contents of the document. Accordingly, after investigation, a Charge-sheet was filed on 6/3/2008, under Ss. 201/384/506 of the IPC, read with Sec. 25(B)(a)/27 of the Arms Act, 1959, against the accused/petitioner. It is seen from the aforesaid Charge-sheet that as many as 8 (eight) persons had been named in the Charge-sheet to be examined by the prosecution for establishing of the case against the accused/petitioner.