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2020 Supreme(Gau) 70

KALYAN RAI SURANA
Tarh Tanio – Appellant
Versus
State Of A. P. – Respondent


Advocates Appeared:
D. Tatak, Advocate, C. Modi, Advocate

JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. M. Pertin, learned Senior Advocate assisted by Mr. K. Dabi, learned counsel for the petitioner. Also heard Mr. J. Tsering, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

2. In the affidavit of service filed on 02.09.2019 by the petitioner, it has been stated that the respondent No. 6 had died on 24.12.2017. Accordingly, the name of T. Tayeng, the deceased respondent No. 6 is struck off.None appears on call for respondent No. 5, and 8.

3. This application under Sections 397 and 401, read with Section 482 Cr.P.C. has been filed for setting aside and quashing of the order dated 31.01.2018 passed by the Learned Sessions Judge, West Sessions Division, Yupia in Sessions Case No. 27/2017(YPA), corresponding to Sagalee P. S Case No. 4/2016 under Sections 305/34 I.P.C., thereby discharging the accused, namely, Shri Kara Abo Taga (respondent No. 7) and Shri Gollo Mangha (respondent No. 8).

4. The learned senior counsel for the petitioner, has extensively referred to the documents annexed to this application and materialsavailable in the LCR called for from the learned trial Court. It is submitted that the petitioner s minor

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