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2024 Supreme(Gau) 1157

MRIDUL KUMAR KALITA
Richard Yimto – Appellant
Versus
State of Nagaland, Rep. by the Chief Secretary to the Government of Nagaland – Respondent


Advocates Appeared:
For the Petitioner:Pravir Chowdhury, Pfosekho Pfotte, Vikhono Kiso, Mr. P. Choudhury, Senior Advocate, Mr. D. Talukdar.
For the Respondents: Ms. V. Suokhrie, Public Prosecutor, Nagaland.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. P. Choudhury, learned senior counsel assisted by Mr. D. Talukdar, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned Public Prosecutor for the State of Nagaland.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Richard Yimto, IPS praying for issuance of Writ in the nature of Mandamus or any other Writ for directing the State authorities to register an FIR in respect of complaint dated 03.08.2018 filed by one Lichathong Lotha, UBSI, Commander, Narcotic Cell Check Point, Khuzama, Nagaland regarding recovery of illegal drugs. The petitioner has also prayed for directing the respondent No. 1 i.e., the State of Nagaland to transfer the investigation of the case arising out of complaint dated 03.08.2018 to the Central Bureau of Investigation (CBI).

3. The facts relevant for considerations of instant writ petition, in brief, are as follows:-

    i. That on 03.08.2018, one Lichathong Lotha, UBSI, Commander, Narcotic Cell Check Point, Khuzama, Nagaland had lodged a written complaint before the Officer-in-Charge of Narcotic Cell, Kohima, Nagaland, inter alia, alleging tha

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