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2011 Supreme(Gau) 535

BIPLAB KUMAR SHARMA
Zavekholu Epao – Appellant
Versus
State of Nagaland – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: S. Dutta, Adv.
For Respondents/Defendant: N.M. Jamir, P.P.

JUDGMENT

B.K. Sharma, J.

1. Heard Mr. S. Dutta, learned Counsel appearing for the accused Petitioners, namely, Smt. Zavekholu Epao and Smt. Phuholi Sumi. Also heard Mr. N.M. Jamir, learned PP, Nagaland.

2. This application under Section 397/401 of the Code of Criminal Procedure read with Article 227of the Constitution of India, has been filed by the accused Petitioners challenging the order dated 21.6.2010 passed by Smt. M.T. Therieh, Judicial Magistrate, First Class, Kohima in GR Case No. 40/2009, by which charges against the accused Petitioners have been framed under Section119/477/409/403/465/471/120(B) of IPC. Upon framing of the charge, the accused Petitioners pleaded not guilty and claimed to be tried. Accordingly, summon had been issued to PW-1 for examination on 20.7.2010. However, because of pendency of the instant proceeding, there is no progress in the criminal proceeding pending before the learned Trial Court.

3. Mr. Dutta, learned Counsel for the accused Petitioners submits that since the learned trial court has failed to comply with the requirement of Section 207 Code of Criminal Procedure by not furnishing the required documents to the accused Petitioners and framed the


























































































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