Prosecution under IPC Section 188 requires compliance with Section 195 of the CrPC, making unauthorized FIR void, while FIR under Section 14 of the Public Premises Act is valid and can proceed.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. S. Biswas, learned counsel for the petitioner. Also heard Mr. A. Chandran, learned Public Prosecutor appearing for the respondent Nos. 3 and 4 as well as Ms. B. Chowdhury, learned counsel appearing for respondent No. 2.

2. This application under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner, namely, Shri Jambey Tsering praying for quashing of the FIR dated 14.08.2019 filed by the respondent No. 2 on the basis of which Tawang P.S. Case No. 14/2019 was registered under Section 188 of the Indian Penal Code read with Section 14(i) of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupant) Act, 2003.

3. The facts relevant for consideration of the instant criminal petition, in brief, are that the respondent No. 2, i.e., the DLRSO-cum-Deputy Commissioner, Tawang along with the staff of the Land Branch of Deputy Commissioner's office carried out an inspection in Tawang Township area and found that the present petitioner had constructed a structure near Circuit House Tawang without any land allotment order. Accordingly, the Additional Deputy Commissioner-cum- Estate Officer, Tawang served a notice dated 08.10.2015 to the petitioner under the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupant) Act, 2003 directing the petitioner to dismantle the structure and vacate the land over which the unauthorized structure was constructed. Ultimately, on 18.06.2019 i.e., after a gap of about four years from the date of issuance of the first notice, the Additional Deputy Commissioner-cum-Estate Officer, Tawang passed a final order directing the petitioner to dismantle and remove the structure within seven days of the date of the said order failing which the procedure prescribed in Section 4(b)(i)(ii) of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupant) Act, 2003 would be taken recourse to.

4. Being aggrieved by the aforesaid final order dated 18.06.2019 passed by the Additional Deputy Commissioner-cum-Estate Officer, Tawang, the petitioner filed an appeal dated 16.07.2019, before the Deputy Commissioner Tawang, under Section 12 of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupant) Act, 2003. However, it is alleged that the officials of the Deputy Commissioner's office, Tawang refused to receive the said application of appeal filed by the petitioner.

5. Itis also stated in the instant petition filed by the present petitioner that on 17.08.2012, the petitioner had applied for land allotment to the District Authority, Tawang in respect of the land which was occupied by him since couple of years ago.

6. It is also stated that after filing the application for allotment of land, the petitioner invested huge sum of money and developed the land without any objection from any quarter and subsequently constructed an RCC building on the said plot of land.

7. Thereafter, on 14.08.2019, the respondent No. 2 i.e., the DLRSO-cum- Deputy Commissioner, Tawang had filed an FIR before the Superintendent of Police, Tawang with a copy of the same to the Officer-in-charge of Tawang Police Station. It is alleged in the FIR that the present petitioner had constructed a building near the circuit house unauthorizedly and illegally without any land allotment order whatsoever. It was further alleged that even after issuance of several notices by District Estate Officer, Tawang, the petitioner carried out the construction of works. On the basis of the said FIR, Tawang Police Station Case No. 14/2019 was registered and investigation was initiated.

8. The petitioner had filed the instant criminal petition challenging the registration of FIR and has prayed for quashing of the said FIR.

9. The said criminal petition was initially filed before the Itanagar Bench of Gauhati High Court and was registered as Criminal Petition No. 17(AP)/2020. However, on 16.03.2020, on the day of motion itself, a Co-ordinate Bench of this Court