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2019 Supreme(Gau) 1279

MANISH CHOUDHURY
Nchungo Humtsoe – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Appellant :L. Iralu Mhechiete, Advocate
For the Respondents:Kevi Angami, PP and Edward, Advocate

JUDGMENT :

Manish Choudhury, J.

1. Heard Ms. Mhechiete, learned counsel for the petitioner. Also heard Mr. Kevi Angami, learned Public Prosecutor for the State respondents and Mr. Edward, learned counsel appearing for respondent Nos. 2 and 3.

2. This petition under Section 482, Code of Criminal Procedure, 1973 (Cr.P.C.) is preferred for quashing and setting aside of the First Information Report(FIR) dated 5.6.2019 registered as Women Police Station, Kohima Case No. 7/19 and also the proceedings of G.R. Case No. 50/2019, presently pending before the Court of learned Chief Judicial Magistrate, Kohima, Nagaland.

3. The facts leading to the institution of the present petition be summarized as under:-

On 05.06.2019, the respondent No. 3 lodged an FIR before the Officer In-charge, South Police Station, Kohima, alleging, inter-alia, that at about 2.00 p.m. on that day, the petitioner was caught red handed at Old Minister' Hill area, near BSNL Office when the petitioner had allegedly tried to molest and harass the respondent No. 2. The South Police Station, Kohima after receipt of the FIR as General Diary Entry No. 13/2019, had redirected the FIR to the Officer-In-Charge, Women Police Station,

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