TOSHI KABA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this petition under Section 482 of the CrPC, the petitioners have sought for quashing for the FIR pertaining to Morioni P.S. Case No.43/2016, registered u/s.143/448/387/506 IPC, read with Section 25(1)(a) of the Arms Act and also the charge sheet pertaining to the said case.

(2.) Heard Mr. S. Borthakur, learned counsel appearing for and on behalf of the petitioners as well as Mr. B.J. Dutta, learned Addl. P.P., Assam for the State respondent.

(3.) It is the case of the petitioners namely Toshi Kaba and Probin Dibragade that they are serving in the Indian Army and posted with No.1 Field Intelligence Detachment and Surveillance Unit in 99 APO at the time of alleged occurrence. However now the petitioner No.1 is a Major in the Indian Army, posted in Madhya Pradesh whereas the petitioner No.2 is a Haveldar, posted in Nagaland.