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2022 Supreme(Gau) 1199

MITALI THAKURIA
Kabita Dutta, W/o. Shri Nilomony Dutta – Appellant
Versus
State Of AP, Represented through the Public Prosecutor, Govt. of Arunachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: T.T. Tara

JUDGMENT :

1. Heard Mr. B. Picha, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.

2. This is an application, under Section 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside the F.I.R. of Itanagar P.S. Case No. 148/99, dated 03.10.1999, registered under Sections 325/452 of the Indian Penal Code, and also to quash the Charge-Sheet No. 79/1999, dated 11.10.1999, under Sections 325/452 of the Indian Penal Code, and the corresponding G.R. Case No. 155/1999, presently pending before the Court of learned Judicial Magistrate 1st Class, Yupia, Papum Pare District, Arunachal Pradesh.

3. The brief facts of the case, leading to filing of the present petition, is that on 03.10.1999, Smti Kabita Dutta, petitioner No. 1 herein, lodged one F.I.R. with the Itanagar Police Station, to the effect that on the same day, at around 5.30 p.m., the petitioner No. 3 (Shri Jasbir Singh) came with a sword and broke the lower bolt of their door and assaulted her husband- Shri Nilomony Dutta, petitioner No. 2 herein, and as a result, left hand of the petitioner No. 2 was seriously injured and he was also hospita

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