Joseph Zhimomi, S/o Tokugha vs State Of Nagaland

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 452

MRIDUL KUMAR KALITA
Joseph Zhimomi, S/o Tokugha – Appellant
Versus
State Of Nagaland – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Joshua Sheqi, Advocate
For the Respondent: Mr. K. Angami, Public Prosecutor, Nagaland

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. Joshua Sheqi, learned counsel for the petitioners. Also heard Mr. K. Angami, learned Public Prosecutor for the State of Nagaland. None appears for the respondent No. 2 (the informant).

2. This Criminal Revision Petition has been registered on filing of an application under section 397 read with section 401 of the Code of Criminal Procedure, 1973 by the petitioners, namely, Shri Joseph Zhimomi and Shri Tokhuvi Sheqi impugning the judgment dated 28.02.2022 passed by the learned Sessions Judge, Kohima in Criminal Appeal No. 1/2022 and order dated 25.01.2022 passed by the learned Judicial Magistrate, 1st class, Kohima Nagaland in G.R. Case No. 120/2018.

3. The facts relevant for adjudication for this Criminal Revision Petition, in brief, are as follows:-

(i) That on 11.08.2018, one Mr. Lanuwati, UDA, Commissioners Office, Kohima, Nagaland lodged an FIR before the Officer-in-Charge of South Police Station, Kohima, Nagaland, interalia, alleging that on that day at around 8.30 p.m., one red colour Gypsy bearing registration No. NL-10-4941 lost from Agri Colony, Kohima. On receipt of the said FIR, Kohima South Police Station Case No. 29/2018 was r