DIESELIE ISSAC SOLO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. K. Misra, learned Senior counsel assisted by Mr. B. Prasad, learned counsel for the petitioner. Also heard Mr. N. N. B. Choudhury the learned Senior Govt. Advocate, Arunachal Pradesh for respondent No. 1 and Mr. S. Borthakur learned counsel for the respondent No.2.

(2.) Petitioner is the brother of Mizho Issac Solo(M.I.Solo) who was arrested in connection with Itanagar P.S. Case No. 144/2010 corresponding to G.R.Case No. 230/2011 under Sec. 420 Penal Code .The respondent No. 2, Sri Jotam Toko Takam as the complainant lodged the FIR in the said case.

(3.) The respondent No. 2, complainant informed the wife of the brother of the petitioner that her husband was arrested at his instance and unless the family members pay the amount due to him the brother of the petitioner would not be released. The wife of the brother of the petitioner filed a petition under Art. 226 of the Constitution of India which was registered as WP(C) 4214/2011 with a prayer for quashing of the FIR against M. I. Solo on 19.8.2011. In the said writ petition this Court passed an interim order on 23.8.2011 permitting the present petitioner to visit his brother, M. I. Solo in the District Jail, Julley in Arunachal Pradesh with one advocate alongwith a direction to the Chief Secretary to the Govt. of Arunachal Pradesh to secure their visit so that they could meet the brother without any resistance from any quarter and move bail application for release of M. I. Solo.