A.D.KOSHAL, A.N.SEN
Akhilesh Prasad – Appellant
Versus
Union Territory Of Mizoram – Respondent
Judgment
KOSHAL, J. :- This is an appeal by special leave against a judgment dated the 20th February, 1980, of a learned single Judge of the Gauhati High Court dismissing an application made by the appellant under Sections 482 and 407 of the Code of Criminal Procedure praying that the proceedings pending in the Court of the Assistant District Magistrate, Aizawl which have been initiated through a police report against the appellant with a prayer that he be punished for offences under Sections 307, 326 and 324 of the Indian Penal Code alleged to have been committed by him on the 30th May, 1978, be quashed or, in the alternative, that the proceedings be transferred to a competent court beyond the territory of Mizoram.
2. The relevant facts are not in dispute and may be stated briefly. On the 30th May, 1978, a case was registered at the Vairengte Police Station at the instance of one Thanugura alleging that men of the Central Reserve Police Force (hereinafter referred to as CRPF), of which the appellant is a member had fired shots at handyman Thara and a driver the two of whom received injuries in the arm and thigh respectively. After investigation the police submitted a report under Se
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