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N. UNNI KRISHNAN NAIR
Techi Kak S/o Shri Techi Mutie – Appellant
Versus
Taya Chumi D/o Shri Taya Tebi – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. Khoda Tama, learned counsel for the petitioner. Also heard Mr. Mrinal Kumar Choudhury, learned senior counsel, assisted by Mr. T.N. Srinivasan, learned counsel, appearing on behalf of respondent No. 1 and Ms. Topi Jini, learned Addl. P.P. Arunachal Pradesh, appearing on behalf of respondent No. 2.
2. The present criminal revision petition has been so instituted presenting a challenge to an order, dated 09.01.2023, passed by the learned Sessions Judge, Yupia, in Sessions Case No. 02/2021 corresponding to Banderdewa Police Station Case No. 22/2020, towards discharging the respondent No. 1, herein, Ms. Taya Chumi, from the case. The petitioner has also assailed the order, dated 09.01.2023, passed by the learned Sessions Judge, Yupia, in IA (Crl.) 115/2022 in Sessions Case No. 02/2021, defreezing the bank account bearing A/c No. 916010074154305 of the said respondent No. 1 as maintained in the Axis Bank, Itanagar Branch, Itanagar.
3. The case of the prosecution is that on 05.11.2020, at about 13.00 hours, the Officer-In-Charge, Banderdewa P.S. received telephonic information about an accident that took place near Karsingsa Block Point, in b
The court emphasized that at the charge framing stage, the prosecution's evidence must be accepted as true, and any grave suspicion of involvement in a conspiracy warrants further examination.
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A discharge petition requires sufficient prima facie evidence; an absence in FIR or co-accused acquittals alone cannot substantiate discharge claims.
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The main legal point established is the requirement of grave suspicion to frame charges, the significance of tower locations and call detail records in establishing presence, and the importance of as....
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