IMPORTANT POINT
Proceedings manifestly attended with mala fide or instituted with ulterior motives can be quashed under Section 482 of the Code of Criminal Procedure.

JUDGMENT :

(MRIDUL KUMAR KALITA, J.)

1. Heard Mr. L. Perme, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent as well as Mr.T. T. Tara, learned counsel for the private respondent Nos.2 to 8.

2. This criminal petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner, namely, Shri Duken Kato, praying for quashing of the Charge-sheet No.71/2023, dated 23.12.2023, under Section 447 of the Indian Penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984, corresponding to the Aalo P.S. Case No.49/2023, which was registered on filing of an FIR dated 30.08.2023, by the respondent Nos.2 to 8.

3. The facts relevant for the consideration of the instant criminal petition, in brief, are that on 30.08.2023, the respondent Nos.2 to 8 herein, had lodged an FIR before the Officer-in-Charge of Aalo Police Station, inter-alia, alleging that the present petitioner, Shri Duken Kato and his son Shri Riddam Kato, had damaged the public property of Government Higher Secondary School, Aalo and wrongfully restrained the public officials at the time of land verification on 17.08.2023. On receipt of the said FIR, Aalo P.S. Case No.49/2023, under Section 447 of the Indian penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984 was registered and investigation was initiated. Ultimately, on completion of the investigation, Charge-sheet was laid against the two accused persons including the present petitioner under the aforesaid provisions of law.

4. Mr. L. Perme, learned counsel for the petitioner has submitted that the present petitioner was made as an accused in the FIR, out of grudge and for wreaking vengeance by the respondent Nos. 2 to 8 against the petitioner and his son. The learned counsel for the petitioner hasalso submitted that without there being any incriminating materials against the present petitioner, the Charge-sheet was laid in this case.

5. The learned counsel for the petitioner has submitted that the land adjacent to the Quarter No.G-18 was allotted to the mother of the present petitioner, namely, Smti Likir Kato and the son of the present petitioner, namely, Shri Riddam Kato, who is also the co-accused in the case, started construction of a building for accommodation of her grandmother. It is also submitted that the boundary wall of the Government Higher Secondary School, Aalo, which was constructed in the year 2014 by PAYWA (Paktu Aao Youth Welfare Association), adjacent to the said land, collapsed and as nobody came forward for construction of the said wall, Shri Riddam Kato constructed the said wall at his own expenses, after getting approval from the School authorities.

6. The learned counsel for the petitioner has also submitted that with regard to the above incident, the petitioner was served with a notice on 09.09.2022, alleging encroachment of Government land and causing damage to the Government Quarter No.G-18, to which, he had replied, on 12.09.2022, clarifying that the land belongs to his mother and the construction over the same was done by his son, Shri Riddam Kato.

7. It is further submitted by the learned counsel for the petitioner that the boundary wall got damaged for the second time due to deluge and it was again repaired by the son of the present petitioner. It is further submitted that on 17.08.2023, the officers and staffs of the office of the Land Revenue and Settlement Officer proposed an inspection of the land where the boundary wall was constructed. On that day about 30 to 50 numbers of members of PAYWA (Paktu Aao Youth Welfare Association) trespassed into the residence of the petitioner’s son and tried to assault him. As a result of which, he lodged an FIR on 18.08.2023 and on the basis of which, Aalo P.S. Case No.44/2023 was registered.