STATE OF NAGALAND Vs. JONGPONGSOWA A.

JUDGEMENT

(1.) Heard Mr. Veto V. Zhimomi, learned P.P. Nagaland for the petitioner. Also heard Mr. Sentiyanger, learned counsel along with Mr. Alemwapang Ao, learned counsel for the respondent.

(2.) Invoking the provisions of Ss. 438/442 of BNSS, read with Sec. 528 of BNSS, the State of Nagaland has preferred the instant Criminal Revision, aggrieved by order dtd. 3/10/2024, passed by the learned CJM, Kohima in GR No. 179/2012, arising out of State Crime P.S. Case No.05/2012, whereby, adjudicating I.A. No. 90/2024, preferred by the respondent accused herein, the learned trial Court was pleased to discharge the respondent accused.

(3.) The facts in brief may be stated as follows:- On 31/7/2012, a written suo-moto complaint was lodged by Mr. Kewetso Mero, (IPS), DIG (HQ) at the police headquarters of Nagaland Police at Kohima, regarding false pension claims in respect of 26 personnel belonging to 4 (four) units, namely 3rd Nagal-and Armed Police Battalion, 6th Nagaland Armed Police, 7th Nagaland Armed Police and DEF Tuensang. It was alleged that their service books were fraudulently entered and pension papers were processed from the police headquarters and forwarded to the AG office, Nagaland. It was stated that the office of the Accountant General, Nagaland, vide letter dtd. 25/4/2012 had requested the police headquarters to verify the genuineness of some pension cases which were believed to be false claims. It is alleged that accordingly, the cases were referred back to the units from whom the pension cases had purportedly originated. The units, after verification, confirmed that out of the 27 cases verified, 4(four) were found to be genuine but the remaining 23 were found to be false pension claim cases.