Point of Law: Assault or criminal force to deter public servant from discharge of his duty - FIR Quashed - Where the inherent jurisdiction, under Section 482 Cr.P.C. can be invoked to quash the proceeding pending before the Court of learned CJM, Yupia against the petitioner.

JUDGMENT :

Robin Phukan, J.

1. This application under Section 482 Cr.P.C. is preferred by the petitioner Sri Yangbiu Takik, son of Late Yangbiu Tadik of IG Park, Itanagar, Arunachal Pradesh for quashing the FIR of Naharlagun P.S. Case No. 136/2011, under Sections 188/341/353 IPC, read with section 3 of PDPP Act and corresponding G.R. Case No. 408/2011, and its subsequent proceeding, pending before the Court of learned Chief Judicial Magistrate, Yupia.

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

“The petitioner is the President of Arunachal Voluntary Youth Federation (AVYF). The federation declared a 12 hours capital bandh on 23.09.2011. But, subsequently, the federation withdrew the said bandh call on 22.09.2011. However, the same was not duly published. Thereafter, on 23.09.2011, some miscreants pelted stone and forcefully stopped three vehicles:-(1) Tata Sumo, bearing registration No. AR01-D/0263; (2) one Bolero, bearing registration No. AR01B-9274; and (3) one Gypsy, bearing registration No. AR01B4604; and another police bus bearing registration No. AR-01C/0211, near Pappu Nalla petrol pump, Naharlagun and caused damage of the glasses. Some police personnel also got injuries in the said incident and they were treated at General Hospital, Naharlagun. Thereafter, the DSP, Itanagar, had lodged one FIR with the OC, Naharlagun P.S. on 23.09.2011, to that effect. On receipt of the same the OC, Naharlagun PS registered Naharlagun P.S. Case No. 136/2011, under Section 188/341/353/325/34 IPC, read with Section 3 of PDPP Act, and endorsed a SI-T. Loya to investigate the same. The IO then visited the place of occurrence, examined the witnesses and got the victims examined by Doctor and collected the report. Then on completion of the investigation, the I.O. laid charge-sheet against the petitioner and one Sangha Ramu, to stand trial in the Court under section read with section 3 of the PDPA Act.

Accordingly, the petitioner appeared before the Court of learned CJM, Yupia but due to non appearance of the co-accused no headway could be achieved in the trial. Thereafter, the petitioner files a petition under section 258 Cr.P.C. before the ld. Chief Judicial Magistrate, to drop the proceeding against him. But, the learned Chief Judicial Magistrate, Yupia rejected the petition, instead the ld. Chief Judicial Magistrate split up his case and framed charge against him under Section 353/325/34 read with Section 3 of PDPP Act.

Being highly aggrieved, the petitioner approached this Court by filing the present petition on the grounds:-

(i) That, 12 hours capital bandh call on 23.09.2011 by AVYF was settled amicably amongst the bandh caller and as such the petitioner, being President called off the bandh on 22.09.2011 and that the District Magistrate, Yupia has issued one show cause notice to him on 29.09.2011, to which he has submitted the reply; and

(ii) That, he had no knowledge about the culprits nor he was present on the spot and pelted stone to the vehicles and therefore, the charge under Sections 352/325/34 IPC, and read with Section 3 of PDPP Act, are not maintainable;

(iii) That, though some police personnel got injuries in the alleged pelting of stone, yet no medical record of the injured persons has been produced and no damage report of the vehicles also been produced and;

(iv) That, there is no evidence to show that the accused caused wrongful restraint to the police personnel and pelted stone to them and as such offence under section 353/325/34 IPC and Section 3 of the PDPP Act are not attracted against him;

(v) That, one Sangha Ramu was arrested in connection with the case who has categorically stated that he has no connection with the petitioner and there is no prima facie material against the petitioner to show his involvement in the said offences either directly or indirectly;

(vi) That, except the allegation of being the President of Arunachal Voluntary Youth Federation, there is no mate