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2024 Supreme(Gau) 549

MITALI THAKURIA
Ahmed Ali Ayubi, S/o - Lt. Ahad Ali – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B. K. Mishra, Adv.
For the Respondent: Ms. L. Hage, Addl. P.P., Mr. K. Tama, Adv.

 

 1 .     Heard Mr. B. K. Mishra, learned counsel for the petitioner. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent No.1 and Mr. K. Tama, learned counsel for the respondent Nos. 2 and 3.

2. This is an application filed under Section 397 of Cr.P.C. read with Section 401 and 482 of the Code of Criminal Procedure, 1973, challenging the order dated 12.01.2023 passed by the learned Judicial Magistrate First Class, Capital Complex, Yupia, Arunachal Pradesh [in short ld. JMFC, Yupia] in Zimmanama No.50/2022.

3. The brief fact of the case is that; on 15.11.2022, one Kalley Rijuju/respondent No.3 resident of village- Nabolong, under the Police Station-Lada/Seppa, East Kameng District lodged a written First Information Report(FIR) before the Officer-in-Charge, Itanagar Police Station, alleging inter-alia with the allegation of criminal conspiracy, cheating against the present petitioner which was accordingly registered under Itanagar P. S. Case No. 0281/2022 under Sections 120B/467/468/471/420/406 of the Indian Penal Code. It is stated that the petitioner is not all involved in the alleged offence as stated in the FIR dated 15.11.2022. In fact, the petit

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