Mijusa Yobin Vs The State of Ap and Anr.

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Page No.# 1/29

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GAHC040009902025

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

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Case No. : IA(Crl)/57/2025

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Mijusa Yobin

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Son of Ngwalisa Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS

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The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan,

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Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./25/2024

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Mijusa Yobin Age: 21 Occupation : Address:Son of Ngwalisa Yobin resident of Hazolo Village PO and PS Vijaynagar

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Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/56/2025

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Phuyoba Yobin Son of Samoso Yobin, resident of Hazolo village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh.

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VERSUS

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The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APPS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District

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Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan,

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Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./24/2024

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Phuyoba Yobin Age: 30 Occupation : Address:Son of Samoso Yobin resident of Hazolo village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102

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-----------Advocate for : Gujusa Yobin

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Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Page No.# 4/29

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Case No. : IA(Crl)/55/2025

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Yokhuna Yobin Son of Yesisa Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh.

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VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan,

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Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./23/2024

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Yokhuna Yobin Age: 27 Occupation : Address:Son of Yesisa Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT)

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2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively

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Case No. : IA(Crl)/58/2025

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Popita Yobin Son of Late Wakhu Yobin, resident of Hazolo village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS

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The State of AP and Anr represented by the special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan,

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Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./26/2024

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Popita Yobin Age: 47 Occupation : Address:Son of Late Wakhu Yobin resident of Hazolo village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/59/2025

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Page No.# 7/29

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Yosaha Yobin

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Son of Late Sakhiyo Yobin, resident of Hazolo village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS

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The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./27/2024

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Yosaha Yobin Age: 43 Occupation : Address:Son of Late Sakhiyo Yobin resident of Hazolo village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT)

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2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/60/2025

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Miss Milina Yobin Daughter of Shri Yelimi Yobin, resident of Hazolo village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS

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The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan,

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Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./28/2024

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Milina Yobin Age: 36 Occupation : Address:Daughter of Shri Yelimi Yobin resident of Hazolo village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/61/2025

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Jochasey Yobin Son of Late Simo Yobin, resident of Hazolo village, PO and PS

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Vijaynagar, Changlang District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210 Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./29/2024 Jochasey Yobin Age: 51 Occupation : Address:Son of Late Simo Yobin resident of Hazolo village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi

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APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/62/2025

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Jayodu Yobin Son of Khuyochu Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./30/2024

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Jayodu Yobin Age: 29 Occupation : Address:Son of Khuyochu Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/63/2025

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Biliza Yobin Son of Shri Khuloki Yobin, resident of Dawodi Village, PO and

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PS Vijaynagar, Changlang District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210 Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./31/2024

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Biliza Yobin Age: 38 Occupation : Address:Son of Shri Khuloki Yobin resident of Dawodi Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS

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Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/64/2025

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Phuyoni Yobin Son of Jisa Yobin, resident of Hazolo village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh VERSUS

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The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./32/2024

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Phuyoni Yobin Age: 26 Occupation : Address:Son of Jisa Yobin resident of Hazolo village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/65/2025

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Yotha Yobin

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Son of Tsiyedi Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Tsiyedi Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh

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Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./33/2024 Yotha Yobin Age: 28 Occupation : Address:Son of Tsiyedi Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Tsiyedi Yobin resident of Hazolo Village

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PO and PS Vijaynagar Changlang District Arunachal Pradesh. -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/66/2025

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Phuasi Yobin Son of Sisa Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210 Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./34/2024

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Phuasi Yobin Age: 40 Occupation : Address:Son of Sisa Yobin resident of Hazolo Village

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PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/67/2025

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Yosaku Yobin Son of Late Sakhiyo Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS

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The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation :

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Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210 Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./35/2024

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Yosaku Yobin Age: 41 Occupation : Address:Son of Late Sakhiyo Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner

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Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/68/2025

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Kuna Yobin Son of Late Liticha Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh

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VERSUS

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The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./36/2024

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Kuna Yobin Age: 30 Occupation :

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Address:Son of Late Liticha Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/69/2025

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Khiyodwe Yobin Son of Tsiyedi Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS

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Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./37/2024

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Khiyodwe Yobin Age: 26 Occupation : Address:Son of Tsiyedi Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District

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Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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Case No. : IA(Crl)/70/2025

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Gutu Yobin Son of Jochasey Yobin, resident of Hazolo Village, PO and PS Vijaynagar, Changlang District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 79210

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Advocate for the Petitioner : Mitem Ratan, Advocate for the Respondent : Loma Kurdu, Spl.PP (SIT)

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Linked Case : Crl.Rev.P./38/2024

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Gutu Yobin Age: 28 Occupation :

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Address:Son of Jochasey Yobin resident of Hazolo Village PO and PS Vijaynagar Changlang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Special PP (SIT) 2:Apolo James Lungphi APCS Age: 0 Occupation : Address:Son of Late Turong Lungphi resident of Songking Village Namphai II Miao Sub Division Changlang District Arunachal Pradesh 792122 presently posted at Wakro as Additional Deputy Commissioner Lohit District Arunachal Pradesh 792102 -----------Advocate for : Gujusa Yobin Advocate for : Spl.PP (SIT) appearing for The State of AP and Anr: Advocate , appearing for 2, respectively.

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BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : 06-11-2025

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Heard Mr. P. Yobin, learned counsel for the applicants/petitioners in all the petitions and Mr. L. Kurdu, learned Special Public Prosecutor, for the SIT, in all the petitions.

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These applications are filed under Section 442 read with Section 528 of the BNSS, 2023 and Article 227 of the Constitution of India.

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Since all the aforesaid 16 (sixteen) criminal revision petitions arise out of the same incident dated 11.12.2022, challenging the common impugned order dated 06.09.2024, passed by the learned Special Judge (SIT), Yupia in Session Case No. 35 of 2023, arising out of VNR P.S. Case No. 2 of 2020 under Sections 120B/147/148/149/ 436/134A/153A of the IPC read with Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and involving common questions of law and fact, they are accordingly heard together and are being disposed of by this common order.

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It is submitted that the petitioners had filed applications under Section 227 of the CrPC, seeking discharge of the accused petitioners in the Sessions Case No. 35/2023 arising out of VNR P.S. Case No. 2 of 2020 under Sections 120B/147/148/149/ 436/134A/153A of the IPC read with Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984. The Sessions Judge, upon hearing the parties and on consideration of the materials on record, including the Police papers submitted under Section 173 of the CrPC, found prima facie grounds to frame charges against the accused persons under Sections 120B/147/148/149/ 436/134A/153A of the IPC read with Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984. And accordingly framed charges against them under the above sections.

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While framing the charges against the accused petitioners, the learned Sessions Judge has also rejected the application for discharge.

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Being aggrieved, the petitioners have preferred these criminal revision petitions under Section 442 read with Section 528 of the BNSS. The petitioners have also filed interlocutory applications in the abovementioned criminal revision petitions seeking stay of the operation of the impugned order dated 06.09.2024 and further proceedings of the trial pursuant thereto, passed by the learned Special Judge (SIT), Yupia in Session Case No. 35 of 2023.

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I have considered the submissions advanced by the learned counsel for the petitioners as well as the learned Special Public Prosecutor for the SIT.

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From the materials collected during the investigation, it reveals that on 11.12.2020, a procession was taken out from Gandhinagar to Vijoynagar without obtaining proper permissions from the competent authority by a mob consisting of around 500 to 600 persons, armed with sticks and local daos. The mob allegedly indulged in stone pelting, vandalism and arson. The record further reveal that the mob also allegedly set several offices on fire using inflammable substances. The Police Station Vijoynagar and under construction building of SIB Office, Vijoynagar were ransacked and several Government offices, including the Old EAC Office, New EAC Office, Post Office, SB (RAW) Office, were allegedly set ablazed by the agitators, causing damage estimated to be Rs.4,22,59,175/- (Rupees Four Crore Twenty-Two Lakhs Fifty-Nine Thousand and One Hundred) as per the damage assessment report. The materials collected during the investigation also includes videography of the incident, statement of witnesses, communications exchanged in the WhatsApp Group and the statement where they have

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admitted regarding presence of several accused persons including the present applicants/ petitioners. The record further reveals that the requisite prosecution sanction under 196 CrPC have also been obtained.

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The primary contentions of the petitioners is that the petitioners/applicants are not named in the FIR. The disclosure statements of other co-accused persons, who are the member of All Yobin Students Union (AYSU), reveal that certain members of that students’ union had made plans prior to the incident, which were not within the knowledge of the present petitioners. It is contented that the petitioners are innocent and although they, being member of the Yobin Community, participated in the procession, they did not take part in the commission of the alleged offences.

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The further contentions of the petitioners is that they have been wrongly implicated and that charges have been framed against them merely based on the suspicion. Learned counsel for the petitioner submits that none of the witnesses has made any statement implicating the present petitioners in the commission of the alleged offences, and as such, there is no prima facie case against them warranting the framing of charges against them.

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In support of his submissions, the learned counsel for the petitioners relied upon the decision of the Supreme Court in the case of P. Vijayan Vs. State of Kerala and Another reported in (2010) 2 SCC 398 and Anees Vs. State Government of NCT reported in (2024) 15 SCC 48.

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It is well settled that the FIR is not expected to be encyclopaedia of the entire incident or of all the names involved, and the naming of

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every accused person in the FIR is not mandatory. At the stage of framing of charge, the Court is only required to ascertain whether prima facie materials exist to proceed against the alleged accused persons. A detailed evaluation or weighing of evidence is impermissible at this stage.

¶166

The materials disclosed in the charge-sheet, including the admitted active participation of the petitioners in the procession and common object attributed to an unlawful assembly, are sufficient at this stage to attract the provisions of Section 149 of the IPC.

¶167

In view of the observations made above, I am of the considered opinion that the learned Special Judge (SIT), Yupia, has rightly held that there exist sufficient grounds to proceed with the trail of the case against the petitioners and no illegality, irregularity, perversity is made out so as to warrant interference in revisional jurisdiction. Accordingly, all the criminal revision petition stands dismissed.

¶168

Consequently, all the interlocutory applications seeking a stay of the operation of the impugned order dated 06.09.2024 and further proceedings of the trial also stand rejected.

¶169

The Trial Court is directed to proceed with the trial of the case expeditiously in accordance with law.

¶170

At this stage, learned counsel for the petitioners submits that out of the same incident dated 11.12.2020, altogether 5 (five) separate FIRs were lodged implicating the applicants as accused in some of these cases, the charges have already been framed against the accused persons and are proceeding separately. He, therefore, prays that if they

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can be tried together.

¶173

In this regard, the Trial Court shall be at liberty to examine the feasibility of conducting a joint or consolidated trial, in accordance with Section 223 CrPC (now Section 245 BNSS, 2023), if the legal requirements for such joint trial are satisfied.

¶174

With the above observations, all the criminal revision petitions as well as the interlocutory applications stand disposed of .

¶175

JUDGE

¶176

Comparing Assistant

Mijusa Yobin v. The State of Ap and Anr.

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Mijusa Yobin v. The State of Ap and Anr.

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