JUDGMENT :

Heard Mr. K. Tama, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State.

2. The petitioners herein, who are the accused and the informant respectively, in connection with Naharlagun Police Station Case No. 57/23 dated 04.05.2023, registered under Section 380 of the IPC have instituted the present proceedings for quashing of the FIR dated 04.05.2023 along with Charge-sheet No. 128/2023 dated 08.09.2023, under G.R. Case No. 296/2023, presently pending in the files of the learned Chief Judicial Magistrate, Capital Complex at Yupia.

3. The petitioner no. 2 herein, had lodged a First Information Report (FIR) on 04.05.2023, alleging therein that one boy wearing a helmet and mask had come to his shop and asked to see a 14 pro max i-phone for purchase. The said mobile phone on being handed over to the said boy, he fled with the same and inspite of best efforts he could not be caught. The police on receipt of the said FIR, proceeded to register Naharlagun Police Station Case No. 57/23, under Section 380 IPC. The Police, on conclusion of the investigation proceeded to submit its chargesheet in the matter being Charge-sheet