In both the Criminal Revision Petitions under Section 397 read with Section 482 of the Code of Criminal Procedure, the challenge is with regard to the common order dated 29-07-2016 passed by the learned Judicial Magistrate, First Class (JMFC), Peren in Complaint Case Nos. 04/2015 and 01/2016 dismissing those complaints being barred by limitation.

2. The petitioners of both the Criminal petitions are represented by Mr. K.N. Balgopal, learned Senior Counsel, assisted by Mr. Wabang and the sole respondent is represented by Mr. A. Zhimomi along with Mr. I. Longjem and Ms. Esther.

3. As the issues involved in the Criminal petitions in hand are same and as agreed by the counsels of both the parties, both the petitions are taken up together for its disposal at the admission stage itself.

4. The contention of the petitioners in both the complaint cases involved in the present petitions are that the sole accused/respondent Mr. T.R. Zelieng @ Mr. Taditui Zeliang, the present Chief Minister of Nagaland during the 2013 State Legislative Assembly General Elections, Nagaland at the time of filing his nomination papers from the 7-Peren (ST) Legislative Assembly Constituency in the district of Peren, Nagaland as a candidate being nominee of the Nagaland People Front (NPF), submitted a duly verified and sworn affidavit before the Notary Public, in accordance with law, before the concerned Returning Officer at Peren, wherein the said accused person stated that he passed High School Leaving Certificate Examination from the Don Bosco High School, Dibrugarh, Assam under the Assam Board of School Education in the year 1975 and Bachelor of Arts (B.A.) Examination from Kohima College, Kohima under the North Eastern Hill University (NEHU) and through RTI obtained from said Kohima College, it is found that the record of said college pertaining to the year 1979 reflects that the name of said accused person appeared at serial No. 78 and that though he appeared in his B.A. examination, but failed and further, from the records of the said college, pertaining to the list of B.A. Final Examination of the year 1980, it is revealed that the said accused/ respondent did not appear in B.A. Final Examination at all. According to the Complainants/ Petitioners, as the accused/respondent had given false information before the concerned Returning Officer at Peren by submitting a duly verified and sworn false affidavit, he is punishable under Section 125A of the Representation of People Act, 1951 and under Sections 181/193/199/200/417/468 of the Indian Penal Code IPC.

5. In Crl. Revn. Ptn. No. 6(K)/2016 the contention of the petitioner Mr. Maziezokho Nisa is that he was the Joint Secretary of Western Angami Students Union from 1997 to 2000, was the Executive Member of the Western Angami Sports Association from 2004 to 2008, Village Council Member and Vigilance Committee Member from 2010 to 2015 and presently serving as the Executive Member of Western Angami Public Organisation, 2014. He filed the Complaint Case No. 04/2015 before the JMFC, Kohima, against the sole accused/respondent Mr. Taditui Zelaing @ T.R. Zelaing, the present Chief Minister of Nagaland for filing such false affidavit before the Returning Officer Peren at the time of filing his nomination papers during February 2013 as a candidate of the 7-Peren (ST) Legislative Assembly Constituency. In the complaint it was stated by the said complainant, the present petitioner that from the reports in the Newspapers, namely, Nagaland Page and Nagaland Post, published on 25th and 27th of August 2015 respectively, he came to know that the accused failed in all the subjects of B.A. Examination in the year 1979 and further he did not appear for the B.A. examination in the following year i.e. 1980. On further enquiry he came to know from the website pertaining to the Chief Minister of the State, the accused has shown that he is a B.A. Graduate and further, in the Who’s Who book of the elected members of