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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Lokam Talo, Son of Late Lokam Hangi – Appellant
Versus
State of AP – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 4) |
| 2. defensive arguments and claims by accused. (Para 7 , 8 , 9) |
| 3. prosecution's evidence and arguments. (Para 10 , 11 , 12) |
| 4. legal precedents and principles regarding trial proceedings. (Para 14 , 15 , 17) |
| 5. court's analysis of delay and prosecution's challenges. (Para 21 , 22 , 27) |
| 6. quashing of proceedings and conclusion. (Para 29 , 30) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. D. Kamduk, learned counsel appearing on behalf of the accused/petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor, representing the State respondent.
2. The instant petition, under Section 528 of the BNSS , 2023, has been filed by the accused/petitioner for quashing of the criminal proceeding pending against him in connection with G. R. Case No. 133/2006, under Section 384 /511 of the IPC, corresponding to ITA P. S. Case No. 127/2006.
3. The brief facts of the case are that in the year 2006, there was an election for the post of Secretary/President of the Itanagar Market Welfare Society. In that election, one Shri Yumlam Achung, Shri Baman Tagik and the accused/petitioner had submitted their candidatures for the post of Secr
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