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2021 Supreme(Gau) 402

ROBIN PHUKAN
Yangbiu Takik, S/o. Late Yangbiu Tadik – Appellant
Versus
State of A. P. , Represented by Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant :Mr. C. Modi, Advocate.
For the Respondent: Mr. G. Tado, Addl. P.P., Arunachal Pradesh.

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

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