Allowed

Vijay Pertin v. the State of Ap and 3 Ors.

Gauhati HC4 Apr 2023Crl.Petn./3/2022

Case brief

AI extract

What is this about?

The Court disposed of a criminal petition under Section 482 Cr.P.C. filed to register a case based on an already lodged FIR alleging criminal intimidation. The Court closed the petition and granted liberty to file a fresh FIR or complaint if intimidation continues.

What did the court decide?

Closed the criminal petition and granted liberty to the petitioner to file an FIR or complaint if the respondent further intimidates or threatens the petitioner.

Vijay Pertin Vs the State of Ap and 3 Ors. — Gauhati HC (2023) — LawSathi Research

¶1

Page No.# 1/3

¶2

GAHC040000752022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

¶4

Case No. : Crl.Petn. 3/2022

¶5

1:Vijay Pertin S/o Sadiya Pertin,

¶6

Permanent Resident of Village Ithili, PO Roing, PS Shantipur, District Lower Dibang Valley, Arunachal Pradesh

¶7

VERSUS

¶8

1:THE STATE OF AP and 3 Ors.

¶9

Represented by the Director General of Police (DGP), Govt. of AP, Itanagar

¶10

2:The Superintendent of Police Roing Lower Dibang Valley District Arunachal Pradesh

¶11

3:The Officer In Charge Shantipur Police Station

¶12

Lower Dibang Valley Arunachal Pradesh

¶13

4:Longe Miso Resident of Cheta Village

¶14

PO/PS Roing East Siang District Arunachal Prades

¶15

Advocate for the Petitioner : Chorpok Modi

¶16

Advocate for the Respondent : P P of AP

¶17

Page No.# 2/3

¶18

BEFORE HONBLE MR. JUSTICE NANI TAGIA

¶19

ORDER

¶20

Date : 04.04.2023

¶21

Heard Mr. Maji Dui, learned counsel for the petitioner.

¶22

Also heard Mr. T. Ete, learned Additional Public Prosecutor for respondents no. 1, 2 & 3.

¶23

None has appeared for the respondent no. 4, despite service of notice as indicated in the Office Note dated 28.11.2022.

¶24

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, has been filed seeking a direction to the Officer In-Charge, Shantipur Police Station, Lower Dibang Valley District to register a case against respondent no. 4 on the basis of an F.I.R. dated 12.01.2021, lodged by the petitioner to the Officer In-Charge, Shantipur Police Station, Lower Dibang Valley District. The allegation made in the F.I.R. dated 12.01.2021 was criminal intimidation and threatening the petitioner with dire consequences.

¶25

Mr. Ete, learned Additional Public Prosecutor has submitted that the petitioner had also filed an application under Section 156 (3), before the Chief Judicial Magistrate, Roing, which was rejected by the Chief Judicial Magistrate, Roing, vide order passed on 26.03.2021 in CR No. 01/2021. He further submits that since the petitioner has not challenged the order dated 26.03.2021 in CR No. 01/2021, passed by the Chief Judicial Magistrate,

¶26

Page No.# 3/3

¶27

Roing on an application filed by the petitioner, this petition under Section 482 Cr.P.C., is not maintainable in law.

¶28

Having heard the learned counsels appearing for the parties and on perusal of the F.I.R. dated 12.02.2021, lodged by the petitioner to the Officer In-charge, Shantipur, Police Station alleging criminal intimidation and threatening with dire consequences by the respondent no. 4, I am of the view that since the F.I.R. lodged by the petitioner to the Officer In-charge, Shantipur, Police Station dates back to 12.01.2021, this Criminal Petition under Section 482 of the Cr.P.C., be closed and disposed of with a liberty granted to the petitioner to file an F.I.R. or complaint as the case may be before the appropriate authority if, the respondent no. 4 further intimidates or threatens the petitioner with dire consequences.

¶29

This Criminal Petition filed under Section 482 Cr.P.C., stands disposed of in terms above.

¶30

JUDGE

¶31

Comparing Assistant

Vijay Pertin v. the State of Ap and 3 Ors.

Case brief

What is this about?

What did the court decide?

Vijay Pertin v. the State of Ap and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s Gugu Enterprise and 2 Ors. Vs the State of Ap and 4 Ors.

Nguri Kyokam Vs Sachin Rana

M/s Gugu Enterprise and 2 Ors. Vs the State of Ap and 4 Ors.

Olik Jomang Vs The Central Bureau of Investigation

Karma Droma Vs the State of Ap and 6 Ors.

Tadak Esso Vs the State of Ap