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2021 Supreme(Gau) 345

ROBIN PHUKAN
Gollo Kaya, S/o Shri Gollo Himang – Appellant
Versus
State of A. P. , Represented by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B Basar, Mr. T. Poto, Adv.
For the Respondents: Mr. U. Bori, Adv.

JUDGMENT :

1. This petition, under section 482 of the Cr.P.C., is preferred jointly by the petitioners, namely, (1) Shri Gollo Kaya, (2) Shri Gollo Kacho, who are the accused herein this case and (3) Shri Techi Jordu, who is the complainant of this case for quashing Naharlagun P.S. Case No. 69/2018 under Sections 394/34 of the IPC.

2. The factual background leading to filing of this criminal petition is adumbrated hereinbelow:-

    “On 17.04.2018, at about 12.30 PM, 3 unknown boys came in one Eon Car (white colour) bearing registration No. AR-01H-1041, entered into the shop of Shri Techi Jordu situated at Nyorch Village, near Yupia District HQ and physically assaulted him and demanded a sum of 10,000/- and after a heated argument, they have taken away a sum of Rs.4,000/- from his shop.

On receipt of the Ejahar from Shri Techi Jordu, on 18.04.2018, the Officer-in-Charge of Naharlagun Police Station registered Naharlagun P.S. Case No. 69/2018 under Section 394/34 IPC and endorsed to S.I.-Shri T. Mai for investigation. The I.O. then visited the place of occurrence and examined the witnesses and arrested the accused and forwarded them to the learned Court below and on completion of the investi

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