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2017 Supreme(Sikk) 78

SATISH K.AGNIHOTRI
Ranjit Bajaj, Son of Shr. B. R. Bajaj – Appellant
Versus
State of Sikkim – Respondent


Advocate Appeared:
For the Appellant :Mr. Tashi Rapden Barfungpa, Mr. S. P. Bhutia, Ms. Mingma Lhamu Loday and Mr. Ugen Lepcha, Advocates
For the Respondent: Mr. Karma Thinlay, Addl. Public Prosecutor with Ms. Pollin Rai, Mr. Santosh Baniya, Investigating Officer.

ORDER :

Satish K. Agnihotri, J

The Petitioner, being a co-accused in G.R. Case No.165 of 2016 (State of Sikkim vs. Atsushi Yonezawa & Anr.) pending on the file of the Court of Judicial Magistrate Chungthang Sub Division, North Sikkim, has come up with the instant petition under provisions of Section 482 of the Code of Criminal Procedure, 1973 (for short, the Code) for quashment of First Information Report (FIR) No.105/2016 dated 07.04.2016 and consequential proceedings in G.R. Case No.165 of 2016.

2. The brief facts, as projected by the Petitioner, are that on the basis of a report filed by HC Nima Sherpa of Special Branch, FRO Section to the Station House Officer, Sadar Police Station, Gangtok, a case was registered. It was alleged in the report that one Mr. Atsushi Yonezawa, a Japanese National, holder of P.P. No.TK 5735699 valid upto 28.11.2021, Visa No. (T) 7197080 valid upto 28.06.2016, was enlisted as a football player of Minerva Academy Football Club under the ownership of the present Petitioner. Mr. Atsushi Yonezawa was permitted to play a 2nd Division I-League football match between Minerva Academy Football Club and Gangtok Himalayan Sporting Club without having requisite san

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