JUDGMENT :

1. Heard Mr. D. Laji, the learned counsel for the petitioner. Also heard Mr. T. Ete, the learned Additional Public Prosecutor for the State of Arunachal Pradesh and Mr. M. K. Singh, the learned counsel for the private respondent.

2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Millo Lalyang, praying for quashing of the CR Case No. 08/2020 under Section 330 of the Indian Penal Code, which was registered against the petitioner on the basis of an order dated 09.11.2020 passed in G. R. Case No. 54/2020 passed by learned Judicial Magistrate, 1st Class, Hawai, Anjaw, Arunachal Pradesh.

3. The facts relevant for consideration of the instant criminal petition, in brief, are as follow: -

(i) That on the night of 15.07.2019 at about 10.00 pm, one Shri A Upendhar, HR & Administrative Officer of Sushee Infra & Mining Private Limited had informed the petitioner who was at that time posted as the Officer-in-Charge of Hayuliang Police Station, that some miscreants have physically assaulted the staff of their company at Dhanbari Hot Mix Plant Complex and when those miscreants were caught while they were dismantling the generator, the said miscreants fled away in a white coloured Bolero Pickup Van which was without any registration plate. Accordingly on receipt of the said information, the petitioner alerted the police guards at Khupa police check point. Later on, around 11.00 pm on the said date, the said Mr. Shri A. Upendhar again called the petitioner and informed him that the staff of the company have managed to apprehend four miscreants and the stolen generator was also found loaded in their vehicle. The apprehended miscreants were brought to Hayuliang Police Station at around 11.30 PM.

(ii) During the preliminary interrogation of the apprehended miscreants, it was revealed that when they were attempting to lift the stolen 63 KVA generator at Dhanbari Hot Mix Plant Complex, they were accosted by the employees of the company and the miscreants tried to physically assault the said employees of the company and even one of them tried to strangulate the driver Shri Anil Tegu. It also came out during preliminary interrogation that in order to overpower the miscreants there was a scuffle between the staff of the company and the apprehended miscreants and one of accused fell down on the hard surface of the road and sustained injury on his right hand and other miscreants also sustained some minor injuries during the scuffle.

(iii) Thereafter, on the next date an FIR was lodged by one Ashish Nair and on receipt of the written FIR from Shri Ashish Nair, Project Manager Sushee Infra & Mining Private Limited at about 12.00 hour on 16.07.2019, the Hayuliang P. S. Case No.09/2019 under Section 320/447/379/34 of the Indian Penal Code was registered and thereafter, the three of the arrested accused persons were forwarded along with the victim to the hospital.

(iv) It is pertinent to mention herein that one of the apprehended miscreants namely, Bomliso Kri was found to be juvenile and therefore, he was allowed to go from the police station. It is also pertinent to mention herein that the petitioner has stated that on the previous day though injuries were found on the person of the apprehended miscreants including one Bomkey Kri i.e. respondent no. 3, however, they were not sent to the hospital for treatment as the petitioner was informed by one head constable, namely, CW Lohan that the entrance of the hospital is found to be closed and no medical staff is seen there.

(v) Thereafter, on completion of investigation in Hayuliang P. S. Case No.09/2019 charge sheet was laid against the accused person including respondent no. 3 under section 323/447/392/34 of the IPC.

(vi) In the meanwhile, the respondent no. 2 i.e., Smt. Jipemai Mepo Kri, who is the wife of the respondent no.3 namely, Bomkey Kri had lodged an FIR against the present petitioner alleging that the present petitioner had merc