JUDGMENT :

This petition under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’, in short) and Article 226 of the Constitution of India is preferred, challenging the Order dated 18.05.2022, passed by the learned Special Judge (PCA), Tezu, in Criminal Complaint Case No. 05 (ANJ)/2021, and also with a prayer to quash the FIR No. 09/2022, dated 03.06.2022, under Sections 409/466/471/477/468 of the Indian Penal Code, 1860 (‘IPC’, for short), registered as Hawai PS Case No. 9/2022. State of Arunachal Pradesh is arrayed as respondent No. 1 and Shri Lesamso Minin is arrayed as respondent No. 2, (hereinafter also referred to as the informant).

2. On 07.10.2011, an application was submitted by Angangso Minin and Greso Minin before the Deputy Commissioner (‘DC’, for short), district-Anjaw, Arunachal Pradesh, for holding Kebang against land encroachers belonging to Ngi and Pul clan of Khraulang clan from Hayuliang Circle. The DC then issued the order dated 18.10.2011, whereby a local Keba was fixed on 02.11.2011 at 10:00 am, at Wahal Village Community Hall, for peaceful and amicable settlement and under the supervision of the petitioner, Sri Sodin Chikro. On 27.10.2011, an application was submitted before the DC, Anjaw District, Hawai, to change the venue of the Kebang and an order was issued by the DC on 09.11.2011, refixing the date of local Kebang on 21.11.2011 at 10:00 am at the Venue of Hawai Community Hall and also under the supervision of the petitioner. On 21.11.2011, the Kebang was conducted and 97 individuals attended the Kebang and they also affixed their signatures on the minutes of the meeting to endorse their presence in the local Kebang. The present petitioner had supervised the proceedings of the local Kebang on 21.11.2011 and the decision of the Kebang proceeding was prepared vide Order Memo No. ANJ/JUD(LK)-41/11-12/1207 dated 12.12.2011. When Sri Greso Minin, Smt Basamlu Minin and Shri Arumso Minin had violated the aforementioned order, Shri Basim Ngi had filed an application dated 20.02.2012, under Section 188 of the IPC, before the learned JMFC, at Hawai. The office of the DC then issued an Executive Order vide memo No. Anj/jud-005/2012-13/9224-27 dated 21.03.2012, directing Sri Greso Minin and Smt Basamlu Minin to stop the unlawful activities and a direction was given to maintain the status quo. It was informed to Sri Angangso Minin and Others by the Court of the EAC (J) and JMFC, Hawai, vide Notice dated 27.09.2016, that an appeal dated 16.04.2012 was filed against the Kebang decision dated 12.12.2011 in the matter of the land dispute between Angangso Minin and Others vs. Shri Basim Ngi, after 114 days from the date of the Kebang order, which was filed after a lapse of the admissibility period. Under Section 51 of the Assam Frontier (Administration of Justice) Regulations, 1945 (hereinafter, in short, referred to as ‘AFR’), every appeal has to be filed within 30 days from the date of such order. The office of the DC, Hawai, issued order vide Memo No. ANJ/JUD (Land case)-01/14286-89 dated 11.09.2019, wherein it was stated that-

“Perused petition dated 27.08.2019, filed by Basim Ngi in the matter of land dispute at Wahal village in connection with land case dispute at Wahala area of Wahal village under Hawai circle and provoking a breach of law and order in the area. Whereas, the record shows that Kebang was conducted on 21.11.2011 at 1000 Hours in Community Hall, Hawai and the Kebang Board had passed an order in favour of Shri Basim Ngi on 12.12.2011. In response to the Kebang order, an appeal dated 18.12.2023 was filed by Shri Greso Minin aned Other after a lapse of admissible period.”

3. Vide order dated 27.09.2016, the learned JMFC directed the complainant to submit documents within 2 (two) weeks to prove that their petition was filed within the admissible period of appeal.

4. It is contended by the petitioner that the appeal was filed beyond the period of limitation in violation of Section 51 of the AFR, 1