DINATHSO CHAITOM Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. C. W. Mantaw, learned counsel for the petitioner and Mr. K. Tado, learned Public Prosecutor for the state/respondent.

(2.) By this petition filed under Section 483 Cr. PC, the petitioner has prayed for a direction to the learned Judicial Magistrate, 1st class, at Tezu to monitor the investigation in a fair and impartial manner in Tezu P.S. Case No. 94/2017 under Sections 376/511/324 IPC, following the laws and judicial pronouncements and to allow the petitioner to surrender in the Court of learned Sessions Judge at Tezu and further, to make an application for his release on bail.

(3.) The petitioner's case, precisely, is that an F.I.R was lodged by a victim girl with Tezu P.S, on 02.12.2017, wherein Tezu P.S. Case No. 94/2017 under Sections 376/511/324 IPC has been registered alleging falsely that the petitioner, on 01.12.2017 at about 8 p.m, had assaulted her by kick and fist on her refusal to his offer of sex. The petitioner has now sought for the above directions referring to the ration of the judgment delivered by the Supreme Court in Tarkeshwar Sahu -Versus- State of Bihar, 2006 8 SCC 560 and the judgment of this Court in Joynal Uddin -Versus- State of Assam (Criminal Appeal No. 117/2012), in asmuch as the learned Magistrate has failed to monitor and control the investigation of the case, which stands in violation and opposed to the mandatory provisions of Sections 156(3) and 157 Cr. P.C. The petitioner has further contended that his S/B A/C No. 30429230071 maintained at State Bank of India, Tezu Branch has been freezed by the investigating officer, illegally, despite having no connection to the alleged offences in the said case. Hence, the instant petition praying for the directions, stated above.