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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 represented by the PP of AP – Respondent
| Table of Content |
|---|
| 1. factual background of extortion case (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments supporting quashing of proceedings due to hostile witness (Para 7 , 8 , 9) |
| 3. delay and lack of prosecution sanction impacts case (Para 10 , 11) |
| 4. opposing views on proceedings and necessity of trial (Para 14 , 18) |
| 5. court's analysis on prosecution's evidence and trial viability (Para 21 , 22 , 27) |
| 6. conclusion and quashing of the proceeding (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
None identified. Based on the excerpts provided, none of the listed cases contain explicit language (such as "overruled," "reversed," "abrogated," or "no longer good law") indicating that they have been rendered bad law by a subsequent judicial decision.
**Categorization: Citing/Referential Usage**
The provided list serves primarily as a record of case citations and internal legal references rather than judicial treatment reports (like Citator summaries). Consequently, all entries fall into the category of "Citing/Referential Usage," where the cases are invoked to support procedural points or represent the parties involved.
* **HAMIRBHAI DAHYABHAI KHASIYA V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 591:** Categorized as **Principle-Based Reference**. The text describes a legal principle regarding the role of an advocate assisting the Public Prosecutor rather than treating a specific case.
* **Techi Bidu Son of Shri Techi Chupe vs State of AP and Anr represented by the PP of AP - 2025 0 Supreme(Gau) 1343:** Categorized as **Procedural/Party Identification**. This entry identifies parties (State represented by the Deputy Superintendent of Police) for the purpose of case record-keeping.
* **Lokam Talo Son of Late Lokam Hangi vs State of AP represented by the PP of AP - 2025 Supreme(Online)(Gau) 7941:** Categorized as **Citing/Referential Usage**. This lists multiple cases (*Talo & Anr.*, *State of Bihar & Ors.*) to establish procedural history and relevant precedents.
* **Bipin Kumar Sinha, S/O Arun Kumar Sinha vs State of Bihar through its Director General of Police, Patna - 2025 0 Supreme(Pat) 1501:** Categorized as **Citing/Referential Usage**. This lists multiple cases (*State of Bihar*, *State of Uttar Pradesh and Ors.*) to define the scope of jurisdiction or precedent being applied to the current matter.
* **Malsawmdawngkimi, D/o F. Lalthangluaia vs State of Mizoram, R/b the Secretary to the Government of Mizoram, Home Department - 2026 Supreme(Online)(Gau) 9814:** Categorized as **Citing/Referential Usage**. This references a specific administrative requirement (Emigration Act 1983) and cites *Robert Lalchungnunga Chongthu vs State of Bihar* as legal context.
* **Lokam Talo Son of Late Lokam Hangi vs State of AP represented by the PP of AP - 2025 Supreme(Online)(Gau) 7941, Bipin Kumar Sinha, S/O Arun Kumar Sinha vs State of Bihar through its Director General of Police, Patna - 2025 0 Supreme(Pat) 1501, and Malsawmdawngkimi, D/o F. Lalthangluaia vs State of Mizoram, R/b the Secretary to the Government of Mizoram, Home Department - 2026 Supreme(Online)(Gau) 9814:** While these are clearly citations of precedent, the provided excerpts do not specify *how* the cited cases were treated (e.g., whether they were "followed" or merely "distinguished"). Because the snippets contain only lists of cases without verb phrases describing their judicial reception, their specific treatment status beyond "cited as precedent" remains technically ambiguous within this limited data set.
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....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The court emphasized that a Magistrate must demonstrate satisfaction regarding grounds for proceeding against accused before issuing summons, and quashing of proceedings should be an exception.
A petition for quashing an FIR is not maintainable immediately after the dismissal of an anticipatory bail plea without a material change in circumstances. Such attempts constitute an abuse of proces....
The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.
Declined quashing of FIR under inherent powers as witnesses named petitioner establishing prima facie case; trial delay not warranting quashing, instead directed conclusion within five months to upho....
Serious offences under the Arms Act cannot be quashed based on compromise due to their societal impact, as established by judicial precedents.
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