Kohima: A criminal petition was filed under Section 482 of the Code of Criminal Procedure Code, 1973 at the Gauhati High Court Kohima Bench by the Naga Club, praying for quashing of an FIR filed by the Naga Students’ Federation on Saturday.
On Saturday, the NSF filed an FIR at the North police station Kohima against the vandalisation of its office by unknown miscreants, following which a case was registered.
Petitioner’s counsel, Sentiyanger, told the Court that three non-office bearers of the Naga Club were arrested as per the FIR, which was registered under Sections 457, 427, 120B and 34 of the Indian Penal Code.
Briefly, Section 457 states that the convicts shall be punished with imprisonment, the term of which may extend to five years. Section 120-B prescribes the punishment for the commission of the crime of criminal conspiracy. Section 427 states that whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 34 of the IPC states that when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
Sentiyanger submitted before the court that the FIR filed by the NSF at the North Police Station Kohima was “misleading”.
The Counsel presented that the Naga Club was the owner of the land and building and that the NSF, who are tenants of the building, were served vacation and eviction notices prior to the demolition of the building. He told the court that the demolition was carried out to pave the way for the reconstruction of the building as the existing structure was in dilapidated condition.
Hearing the petition, Justice Mridul Kumar Kalita directed that a notice be issued to the students’ body.
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As a copy of the FIR was not submitted before the court due to certain factors, the court directed the public prosecutor (PP) for the state V Zhimomi to produce a case diary during the next hearing. The PP was also allotted time to take instructions and file objections if so desired.
The next hearing is listed for June 5
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