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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
Malsawmdawngkimi, D/o F. Lalthangluaia – Appellant
Versus
State of Mizoram, R/b the Secretary to the Government of Mizoram, Home Department – Respondent
| Table of Content |
|---|
| 1. establishing the factual basis and evidentiary threshold of criminal charges for illegal emigration practices. (Para 1 , 2 , 4 , 5 , 11) |
| 2. conflicting contentions regarding procedural delay in investigation versus existence of a prima facie cognizable offence. (Para 3 , 6 , 7 , 8 , 9 , 10 , 12) |
| 3. procedural delays do not mandate automatic quashing of criminal proceedings where prima facie evidence exists. (Para 13 , 14 , 15 , 16 , 17) |
| 4. dismissal of petition seeking extraordinary intervention in pending criminal investigations. (Para 18 , 19) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
Heard learned counsel for the petitioner Mr. P.C. Lalthangmawia and learned P.P. Mrs. Vanneihsawmi for the State respondents.
2. The present petition has been filed under section 528 of the BNSS seeking quashing of FIR No.16/2023 dated 14.09.2023 registered at the C&EO PS by the CID(Crime) Mizoram for offences under section 24(1)(b) of the Emigration Act, 1983.
3. Learned counsel for the petitioner submits that :-
(i) the allegations do not disclose commission of any offence.
(ii) The persecution is malicious and vexatious.
(iii) Continuation of the criminal proceeding would amount to abuse of th
Procedural delays in investigation do not automatically warrant the quashing of an FIR. The court will not interfere with an investigation into a cognizable offence unless it is shown that no offence....
Quashing of FIRs based upon compromise is not appropriate in cases affecting a large number of people in society and involving illegal emigration and financial fraud.
Charges under the Foreigners Act and Passports Act are not sustained when valid visas and passports are presented without immigration stamps; the appropriate legal remedy is deportation instead of pr....
Prolonged delays and lack of sufficient evidence in criminal proceedings lead to quashing of charges, as continued prosecution serves no justice, particularly with hostile witnesses and absent key te....
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