LALPEKKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. P. C. Prusty, learned counsel for the revision petitioner as well as Mrs. Dinari T. Azyu, learned APP for the state respondent No. 1.

(2.) SINCE the criminal trial No. 351/2009 has arisen on the lodgment of the First Information report by the respondent No. 2 herein and since the Investigating Agency lodged the charge-sheet against the revision petitioner, the court considers that respondent No. 2 is not a necessary party to this revision petition while the state was taking care of the matters involved in the First Information Report so lodged by the respondent No. 2. As agreed upon by the learned counsel of either party, this court proposes to dispose of this criminal revision at the motion stage.

(3.) THE first information report having been lodged with Bawngkawn Police Station by one smt. Malsawmtlungi, Bawngkawn Police station Case No. 76/2009 was registered under sections 448/354/427 IPC. In the first information report, it was alleged that on 22. 2. 2009 at around 5. 00p. m. , the revision petitioner/accused herein illegally trespassed into the house of her younger sister and had create trouble and destroyed her household goods like Dunlop, Bed-sheet, Doors etc. amounting to Rs. 4,500 approximately. It was also alleged that the revision petitioner/accused also assaulted her younger sister. Police commenced investigation into the allegation brought in the form of FIR. A charge-sheet under Section 448/354/427 IPC was laid against the revision petitioner/accused after completion of the investigation. The matter was placed before the Additional District and sessions, Judge, which was made over to the first class Magistrate, Aizawl for disposal per provision of Section 192 of the Cr. P. C. (for short the code ).