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2024 Supreme(Gau) 1625

N. UNNI KRISHNAN NAIR
Charu Tayum, S/o. Late Charu Tai – Appellant
Versus
State Of AP, Represented through Public Prosecutor, Gauhati High Court – Respondent


Advocates Appeared:
For the Petitioner: Tabit Tapak, Y. Pangu, T. Taki.
For the Respondents: P.P. of AP, Wanglat Khomrang, Tadar Bai, Nannu Yubi, M. Lego, Tame Rimi, Chorpok Modi.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. Tabit Tapak, learned counsel for the petitioner. Also heard Mr. Token Ete, learned Addl. P.P., Arunachal Pradesh, appearing on behalf of respondent No. 1; and Mr. Chorpok Modi, learned counsel, appearing on behalf of respondent No. 2.

2. The petitioner, herein, in the present proceeding has instituted the criminal petition, praying for quashing of the First Information Report(FIR), dated 21.05.1991, lodged by the respondent No. 2, leading to registration of Naharlagun P.S. Case No. 40/1999, under Section 332/427 of the Indian Penal Code along with the charge sheet being charge sheet No. 39/1999, dated 01.08.1999, laid by the I.O. initially before the Court of learned District Magistrate, Papum Pare District, and presently pending in the Court of the learned Judicial Magistrate First Class, Capital Complex, Yupia, in G.R. Case No. 45/1999.

3. The respondent No. 2, herein, had lodged an First Information Report(FIR) before the Officer-in-Charge of Naharlagun Police Station, inter alia, alleging therein, that while he was posted as a Doctor at Naharlagun General Hospital on 21.05.1999, he was called to attend to a patient who was stated to

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