In criminal law, the fundamental principle that suspicion, however grave, cannot substitute for proof, and the benefit of every reasonable doubt must favor the accused. This principle ensures that no one is convicted without conclusive evidence establishing guilt beyond reasonable doubt, protecting individuals from wrongful conviction.
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27.05.2026 | Court No. 5Added:
Where is it?
Delivery of division judgment criminal appeal 21 or 23 talk versus state of AP.
Okay.
It is a settled principle of criminal law that suspicion however grave cannot take the place of proof.
The benefit of every reasonable doubt must necessarily go in favor of the accuse. In view of the foregoing discussion, this court is unable to sustain the conviction and sentence imposed upon the appellent. Accordingly, the appeal stands aloud. The judgment of conviction dated 29 so and so and the order of sentence dated so and so passed by the L session judge Bombdila in session case number so and so are hereby set aside the appellent is acquitted of all the charges leveled against him by giving him a benefit of doubt the appellent shall be released for it if his detention is not required in conction with any other case.
Before parting with the record, I must read this one also. This court deems it appropriate to observe that there have been serious gaps in the investigation.
In particular, the failure to properly prove the recovery, the non-production of material exhibits and the absence of scientific examination have materially weakened the prosecution case and ultimately resulted in the failure of the prosecution to establish the charges beyond reasonable doubt. In view of the above, that bill will stand disposal.
in the application also stand.
>> Yes.
>> The item number eight of the main dispos.
>> Yes.
>> This may be closed in terms of the judgment pass.
This is the ad raise the point ofity no longer >> h >> item number eight this is the petition the same in which the judgment just >> okay >> we have the point of given no longer >> for accused they made a close matter in terms of the judgment >> okay in ter No.
Yes sir. Eight.
So there was a prayer that he was juvenile at the time of commission of offense.
See um it's because of the fault of the police.
See we even if even if one or so but we are bound.
>> It's just like a plasma.
>> I have seen records.
In view of the judgment had Mr. Dan L council, Lana senior council assisted by L council for the petitioner also had misshag name may be reflected.
>> Okay.
Then additional PP for the statement stop in view of the judgment and order passed today in that huh in that case this criminal petition stands closed close.
>> Okay.
Currently the criminal stands criminal petition stands disposal. Okay.
May I lordship?
Lordship, I beg to mention item number 23 with the concern of the other party.
I'm appearing on behalf of M Kato standing council for the CBI lordship.
>> 23 >> lordship due to some personal difficulties. He's unable to appear to get their code >> and you have informed the lordship.
>> Okay. Miss >> Oang L council some missteps Mr. Mato L appearing on behalf of the respondent has some personal difficulties to the and therefore seek adjunment for the day. She has also obtained consent from the learn council for the petitioner sty of the and has prayed for miss this matter after >> two weeks.
>> Two weeks >> much like >> that's item number nine. That's it. I'd like to mention and consent from the opposite party also.
>> Nine.
>> Yes. That's it.
>> Okay.
>> List three weeks.
>> Yes sir.
>> Yeah. For the petition.
>> Yes.
>> Okay.
Mr. GU learning council for the petitioner with the consent of the learning council for the respondent pray for listing this matter after 3 weeks.
The prayer is allowed list this matter according list this matter after two weeks inter till the next date of listing. That's it. Okay.
>> May I please I would like to mention one unlisted criminal petition. This M is a fixed meter was fixed for 275 but inadverently it's written 276 not >> okay I to mention item number 22 on behalf of Mr. Sim council for the petitioner man.
>> You for the petitioner?
>> Yes ma'am.
>> Okay. Then what about the respondent?
>> The respondent is uh >> have you informed?
>> No my lord. Actually PP my lord >> h >> pp respondent leg council is also there.
You have any objection? Who is pp here?
P any objection? Okay, Mr. >> Nub council made a mention on behalf of Mr. Codi.
Where is he?
>> Sorry m where is Cody? He's not coming out of station.
>> Okay. that uh uh seeking uh adjournment of the matter on the ground that the conducting Mr. Cody is out of okay Mr. Uh BP has no objection according to the law this matter up to two weeks.
>> Two weeks. Okay.
>> All right.
>> Um I'm mentioning item number 13. Uh >> item >> 13.
I may be allowed to withdraw this matter. Your watcher.
You want to withdraw? Yes. Your watcher.
Okay. What happened there? Uh >> seems the matter has been resolved in the particip instruction to withdraw this criminal reason petition stuff. No.
The prayer is the law.
This criminal reason petition was dismissed as withdrawn. Okay.
>> And another matter your lo item number 14 for the I'm for all the respondents.
We have filed a bill in opposition and my prayer is your lo the matter may be listed in the admission column.
>> Oh is for the sir.
>> Uh >> have you informed?
>> I couldn't reach them.
Okay, we'll see. We'll see. Just see just minute then.
Okay. Participative in operation the the respondent file effective in opposition.
Since the matters are ready, let this matter let this matter be listed for admission after 3 weeks.
Three week three weeks or two weeks?
Three weeks. Three week.
>> Okay.
>> Your lordship. I would like to mention item number 21. On behalf of Mr. Esco item >> number 21.
Mr. Equ is uh this out of station respon u consil for the respondent number one and two.
So may this matter agent for one week >> whether the appalent is present who is the appalent the consent of >> okay Mr. >> M do council some ministers the conducting council for the respondent Mr. Esco for the respondent huh conducting council Mr. is going on consent is out of station therefore pray for agendant he has also opened and to Mr. Paper book is not there.
Not reflected in the post.
>> Okay.
>> It's with TCRs.
>> Yes. It's criminal.
>> Whe it has come. Okay. Then we'll what? Labor book not yet prepared.
It's a favorship list after after the preparation of the lordship.
>> Okay.
Mr. >> M council for the respondent no Mr. L for this state and Mr. Andy for the respondents.
It is submitted that although the trial code has been received now the the paper book is yet to be prepared. Stop India the registry is directed to prepare paper book and list it after preparing paper book. Okay.
>> With pleasure lordship >> I beg to state item number 22. I'm appearing on behalf of the land council mrac it has already been mentioned.
>> Okay.
>> Item number 12.
>> Yes.
The leading council the leading council is due to some unavable.
>> Okay. Who is leading council?
>> Nada.
>> Had nada is for the appellent.
>> Yes.
>> Why it has been listed today?
>> We'll see the order. Are you in urgent?
If not urgent be there. We'll grant adjournment but wait for some time.
>> Yes. You'll also uh this matter may be listed on this uh Friday that is 29th why why on Friday because uh your lordship uh this matter is fixing for today but he he is due to some issue he couldn't paper book. Ready?
H is a paper book.
Tell him that it is for hearing.
Okay. Uh Mr. Jgo council for this is item item 12.
Nalopara has appointed as legal council here.
H. No. Yes. Lo dated 215 2025.
He just privately engaged our legal councils. He appeared on on behalf of convict lordship. It it appears he he appear on behalf of the lordship convict lordship not by why you okay Mr. L council appearing on behalf of Mr. Nic council for the appellent also had Mr. for this stage.
The paper book is ready. Staff as the paper book is ready. Let a copy of the same may be furnished to same be furnished to the land council appearing on behalf of the parties. Staff list this matter >> on 29.
>> 29 this 29 day after tomorrow. Yes, >> there tomorrow is not possible for hearing. We are going to fix it for hearing.
>> There will be after two weeks.
>> Okay. This is the matter >> kind after one week.
>> After one week you you argent.
>> Yes.
>> Okay. Okay. At least the matter after a week for hearing. Huh?
>> I mention it number 24. I've taken consult from the parties.
Okay.
Hearing okay Mr. Coo L council for the petitioner with the consent of the L council appearing on behalf of the respondents press for exjunment of the matter for how much? Three weeks after three weeks for three weeks. Stop the prayer list after >> stop the inum order continue till the next of listing I like to mention I time number seven I put a petitioner I taken consent from the PP >> seven yes okay mir Mr. L council for the petitioner with the consent of the learning council for the respondent pray for adjournment of the matter for a week.
>> Two weeks to three weeks.
>> 3 weeks the prayer is allowed. List 3 weeks may be >> the interim order passed earlier shall continue till the next set of listing.
Okay.
>> Yes.
>> Item number 15.
>> 15.
>> Yes.
>> What do you want?
>> No.
Uh service completed h service completed matter will be fixed for admission you are for you I am for the petition why it has been mentioned here in that way it will be fixed in its own term only wait for some time then everyone I think should uh stand in the row and only in the mansion we can dispose of everything okay wait for some time huh Item number one.
My lord had gamba village after issuing three third parana not making any initiation to conduct ka may I take your >> what is what is your problem then >> you're not I have made a complaint >> parwana issued thereafter the other party did not turn up then again I made another complaint second parwa issued party didn't turn up third parana is party didn't turn up the head gamba neither conducting kaba nor taking any decision >> you ask him to conduct I have asked him I have made another point.
>> What is his reply? What was his reply?
>> He said the case is pending in the session code. However, in sessions court only with regard to the bank account of my late fathers is pending. However, there are other properties immovable movable which has to be decided between me and my step two stepmothers.
I have even made a complaint to the deputy commissioner. However, >> the division of property property division. Yes my lord >> he is the uh >> my lord may kindly come to per proper >> he's the head gura of rigo village >> he's the head gamba proper forum >> yes my lord to divide ancestral property my father demise I am the son of the first wife >> your father died in state oh no no just uh without leaving any will >> yes >> no will no will Now let me kindly come to page 67. The last per one is that >> it's the last per one. Third per one >> case >> 67. It's a translated translated copy to Srimmiti so and soy so and so sir Jumba ado son of late karam adoro village bops alo had submitted complaint that 227 to25 and 129 2025 before me taking cognition of the same a kaba was fixed on 289 2025 first kaba and that 23 11 to 1025 second kava however you did not turn up as such for the time this perwana is being issued fixing the kaba on 27 12 to 1025. If you fail to attend discover as per section 44 clause 4 of the AFR >> what it says >> expert decision will be fast this provision for expert decision >> provision for expert decision yes >> 44 section 44 subs 47 they didn't neither they conducted kava thereafter no initiation has been made by the head governor my prayer is for a simple direction to conduct kava and take decision as per What the law says? Section 44. My lord one all suits tried by the beloved. Just what is it?
>> Uh a page number 59 volume one. Just why some frontier only volume start only after 50 or some frontal administration after 50.
>> Okay. Uh sorry uh section 40 >> section 44 >> 44 >> sub clause one is all suits tried by the authority shall be decided on opening person so and so so and so. Mhm.
>> The relevant is section uh subsection 4 >> inserted by 23rd amendment >> I mean uh in the year 2023 the village authority or the uh inter village territorial c council or effects council as the case may be may pronounce or take x party decision if one of the disputing party does not turn off or remain absent willfully for three consecutive times after giving no le than 30 days on each occasion of reasonable opportunity being heard. It's the third time or territorial council or aex council as the case may be may pronounce exported decision after fixing the kabap time the head governor neither take any initiation to conduct kava thereby depriving my right to speed trial.
My prayer is my lord simple that >> there is a case where the trial or the proceeding no has not even uh initiated not yet only you have lost complaint on the basis it can be it can be disposed of >> my lord yes of course the kaba can dispose of the matter since they have the power unlimited power in the >> how do we know that the respondent has received the parvana They have even replied to the perwanas first and second perwanas saying that the case is pending. However, in the there is two case pending one succession that is for two bank account. One LA application for land alloted land.
However, there is the other property landed property movable property. So which need to be decided? I I consider that those pending in the courts they may be skipped in the meeting but other properties are there. Oh lord come >> if my if my lord come to an exer one and two it's the succession notice and LA notice here the property is described only bank account at phase number 17 and 19 17 is succession notice I'm not concerned with this >> and your concern is your complaint your complaint is with regard So >> other properties like doomland, >> maroti car, eco band, ice cream factory >> those are not pending before any call.
>> Let us see your complaint.
>> My complaint is at uh my lot phase number 46 to 48.
Uh let us see the relevant portion the property.
No more this is in 48 is translated translated copy my lord.
See you have to mention the proper you have to mention the property my lord >> it is mentioned in >> name of the property my lord it's because >> because next >> see the gambra head gambra whosoever maybe they knows that the case is pending and then it they have been informed by the respondent that the case is pending.
>> Yes.
>> So unless you mention that this is not connected with the case pending before the session court and this is different from not the property which is pending before the session court. Mention the property which has been filed before the pending before the session court and then also mention the property which you would like to be adjudicated by this local. And how would they know >> my lord? After first pwana they they submitted a representation after considering that all again perwana issues thereafter again they submitted representation your complaint your complaint my lord is vague >> if my lord come in the in the similar nature of case if it is pending before the session court how there are this g my lord come to p 60 I have specifically mentioned in my second complaint 60 it's translated copy H prayer for conduct of Kaba. My mother Simothy so and so and so and so are refusing to give me any properties left behind by my father so and so as such for the third time I'm submitting this application with request to conduct kava in this regard my claims I should get one from two building there should also be my share in ice cream factory I wish to know how much amount >> see this is also not clear you have to clearly state that the because the gambbur now knows that cases are pending before the session court for adjudication regarding the property. Now he does not know he do not know what property is in dispute before the session court. Now you have to clarify >> my lord since since they are villagers illiterate they couldn't >> that is why that is why I'm >> that is why my lord they have barely talked barely explained that's why the second para third >> I do not know but then you are learned person you could have clearly mentioned in the in your application >> my application I have mentioned >> where at paragraph >> where you have mentioned that the case pending before the session court is with regard to this property And the case what I'm filing before the gamura is these property which is not connected with the pending case.
>> You have to clarify in my petition I have mentioned >> where >> at paragraph uh my lord uh at paragraph >> petition before the gambura huh >> no no before here. No, not >> before they are.
>> No, no, no.
>> My villagers they don't know how to even write application. They just write.
>> No, no.
>> We cannot expect you have taken up then when you entered you should have instruct them.
So these these because the gambra when they knows that there is in the case with regards to the property dispute of the childrens of the deceased are pending and under such circumstances the GB will never take up the matter because the court the court is higher and the case is if the case is pending we will be see some order the adverse to them may also pass the court. Okay. In that case they may face consequences. In that case they will not pick up the matter. My lord >> you have to clarify first.
>> My lord my lord from the notice itself succession notice and la notice itself.
It is clear that only three properties are pending. So other properties they may conduct a simple direction keeping this.
>> No unless you clarify cases are pending two cases are pending for the court. You have to clarify >> my lord my lord because they know how do we how do this court know that they knows >> because representation is already there >> requesting them to cancel the >> then we say that you know that there is a difficulties for them you don't understand them >> no my lord actually they have submitted a representation gamura saying that the >> no where is the law show me the law where the gamba can be compared to pick up the matter immediately.
>> My lord, they are failed to exercise the power rested upon them. My I have a case.
I have >> within what? Within uh what period of time they should they should start because they started issuing notice means they have started.
>> Yes, my lord.
>> They have started issuing pbana.
>> Yes, they should. You wait for next date. My they have already when Pvana was issued three pwana has already last in November fixing the fixing the cover on December condition.
>> So thereafter have you have you made an application there?
>> Yes my lord >> thereafter also where is the last last application? Last application is show me the last pirana. Last parvana is my lord at page number uh my lord 65 to 68. It's the last pirwana. 65 to 68.
68 is the translated copy.
>> Okay. And where is your uh application thereafter?
>> Last last application >> this is 1912 December. Okay. Last application is at March 6.
>> It's at page number 71 to 73.
73 is the translated copy.
Prayer for issue of Parana. For the fourth time I'm submitting this application for issue of Parana. There is no new matter. My both mothers without distributing the properties have kept all the properties in their hand.
They are not also attending the cover.
If they have any claims and objection and any document to show they should bring them before the cabba and let the kaba member decide the matter or the fourth time I'm submitting this application with a request to conduct kaba to resolve the problem. Whether this mother who is who is not giving property is your mother.
>> My stepmother both my my late father has three wives.
>> I am the I'm from past wife. They are >> you are abandoned son. Then you must be naughty boy.
>> No no no my lot.
>> They are my stepmother. My father has three wives. I am from first wife. They are second and third wife.
Since my mother they >> are you the only son of the first wife?
>> No no no. I have uh three sisters and one brother.
>> Okay. Are they also the ailent?
>> Yes. No, no, no. Only only me and my brother.
>> Since my sisters are not interested in any property, so I and my brother is coming.
>> Okay. Mr. >> Mr. Huh? M council for the my m sorry m your name is no okay m sorry learning council for the petition state is also party >> yes deputy commissioner >> deputy commissioner >> yes I have even made a complaint to the deputy >> why why deputy commissioner >> yes my lord he has supervisory authority over the guras >> okay now >> in terms of he >> headmaster Sir >> in terms of >> and then your complaint is with the student.
>> My lord, I have >> Why should you imple headmaster?
>> Because my lord, I have also made complaint to deputy commissioner to direct them to >> and and I think the the GB is also there.
>> Yes.
>> Why?
>> Because it's head Gamburura. They are >> they are judge.
>> No. Yes. They are judge and they are supposed to exercise the power.
>> You are aggravating the GV. Who would be your judge?
>> My prayer is just to direct to >> What is the prayer against the GB and DC?
>> Nothing my lord just to conduct cover and take decision as per law.
>> Oh >> nothing.
>> See this is you should know whom to imple and then there is seeking direction to pay cost of rupes 50,000 for forcing that and compelling. I don't think this is a proper prayer against the GB >> my lord only because of his non exercise of the jurisdiction I am compelled to >> you are threatening them you are threatening them that you can file when it is in the high court you should if you don't decide we will go to high court by spending money which you will not be auh and you will not be able to spend >> no you are showing your power it appears.
>> No no no my lord in fact my I have approached him to conduct kava in as per law he is not initiating therefore I am compelled to comm on on what basigation my lord is >> on what what basis you have made this prayer >> because my lord in I have litigation expenses >> okay >> if he had conducted the cover I would not have come before your my lord >> okay I don't understand this logic by huh >> my lord they have a duty in terms of a section 44.
>> This seems illogical logic.
>> Well, granting prayer in my lord, it's up to my lord's wisdom. But it's my prayer >> since they are not exercising the jurisdiction and power conferred by the act regulation.
>> See, I don't know.
>> I'm compelled to come before your >> whether we we should accept such petition.
Why don't we limit ourself to the to only to the legally entitled to us?
Why we always try to track others this way or that way?
>> No. No. My lord, I have never sub any notices or letter saying that I will >> no >> pray go. This is just a prayer and if if deemed proper, my lord may consider. If not proper my lord m >> no I think uh you have to uh withdraw this uh petitioner number gambas and DC also DC whether is the DC has a power so >> yes my lord has power where where >> section 10 and section 4 of >> where it says what it says my lord may kindly come to section 18 of section 4 of Apr3 Mhm. Section 4.
>> Section 423. Yes.
>> Okay.
>> 2023.
>> H >> section 4 has been amended by 2023.
>> Is this amended? What section four me?
Yes.
In principal regulation or existing entries, the following entries shall be substituted.
Subject to the provision of the regulation, the assistant commissioner or the deputy commissioner as the case may be shall reper back the case presented before them to the concern village authorities for trial and settlement within the territorial jurisdiction of concern village or within the jurisdiction of its inter territorial customary court or aex customary court as the case may be.
Meaning thereby my lord they have a supervisor power they can reper back the matter presented before them and my lord 2021 act accinging if any case file before them shall refer back the case presented before them >> presented before them by law >> but here in the present Yes, it was lost before the Gambra only not connected with the DC. I have by way of >> not connected with the DC whether DC can that means you mean to say that DC can call them and instruct them to decide this way that way >> my lord because how it is possible >> my lord in terms of this section it clearly give a supervisor power to the DC over the village of >> no no it says presented before them my lord >> where from you are making of this 2023 amendment of section of >> section four doesn't say so my lord may kindly subject refer back >> yes my lord >> refer back >> presented before them if the case is presented before them >> my lord >> since they doesn't have any more power now >> now is earlier >> yes >> now they'll have to refer it back >> yes >> to the gambra only >> to take decision >> yes >> yes my lord Where is the super power >> which this is not doing?
>> I have already submitted.
>> Your case is pending before the DC or whom?
>> Head Gamburura. Since he's not taking decision after issuing third parana, I made an >> application to commission.
>> Where are you linking or there is no link at all?
>> No my lord.
>> The complaint was filed before the GB only GB only.
>> Yes my lord.
>> This doesn't know anything about that whether this is not have you given a copy. My lord since the head gamura after issuing third parana in terms of section section 44 surplus court they should have to take expert decision they are not conducting cover therefore having no alternative I went to the deputy commissioner informing that this is happening please direct them to conduct cover this is not in setting >> why did you go to the deputy commissioner >> deputy commissioner on January >> on under what provision you have gone to deputy commissioner >> just informing that Nothing has been happening.
>> Oh, you are localizing again.
>> So my lord, in terms of section 4 and section uh 10 of APCC act, DC has supervisory power. He can direct them to conduct kaba system where >> supervise the kaba >> where >> 2021 amendment uh act >> section amendment of section 10.
Yes my section three amendment of section 10. Yes.
Yes. In 2021 act amendment section 10.
No it's a civil code act amendment of 10 section 10 of AFR.
>> Yes. where my lord I'm really sorry 2022 2022 they have made a amendment to the section 20 uh 2021 act >> amendment of section >> yes serial number two amendment of section 10 in the pra civil courts act 2021 >> caring called as principal act in section 10 after provision three to subsection 3.
>> Amendment of section 10.
>> Just not this one.
I mean section 10. Yes. It's amendment of civil court act only.
>> Yes.
>> Not a >> yes.
>> Yes.
>> Close port has been added in section 10.
Not standing anything contained in the act or any other law for the time being in ports. Whenever a suit is instituted for the trial by the village authority, the concern local administrative officers officer officers of the area shall continue to felicitate >> facilitate and refer back the case to the concern village authorities for trial under the provision of AFR 1945.
>> Mr. refer what I mean to project is DC has power.
>> Earlier the complaint used to be filed before the deputy commissioner or assistant commissioner. Okay. So now they says that now they will facilitate.
>> Yes.
>> And refer back the case should have concern village authority only where is the supervisory power.
>> What kind of or what way that suppose my lord my lord have seen that village authority after issuing third parana they are not conducting kava and taking any expert decision. So I have made a complaint to the reporting.
>> There is authority who can direct.
>> Yes my lord. It's a this is not the authority where is where where it says that >> but in terms of these two sections what I meant is they have the >> the way you are filing before this court seeking direction that probably may be the authority but then how the DC is authority >> my lord in terms of these two section I to my limited understanding this is a supervisory power authority over village village authority >> is it so miss does it whe whether this provision says so or what Not exactly Lord say it's not not at all it appears where is the super plain reading of these two amendment.
>> Uhhuh.
>> May refer back if >> presented before them. Why >> refer refer back is because earlier cases used to file before the deputy commissioner commissioner or assistant commissioner or commissioner >> and there was a direction that all cases be sent back >> or transferred.
>> Yes.
>> Okay.
And earlier the the since the on receipt of the complaint the deputy commissioner or the commissioner used to refer it to the gamba or the local authority or for kebab or for sitting mail. So this is the same thing continue to continue to facilitate and refer back it understood that if receive complaint they'll have to refer it back to GB. Yes my lord because they doesn't have a power to decide refer it >> my lord >> they rep back the head no >> again head gambbor will not take any decision >> therefore referring back they should at least >> then there is a law >> decision may be taken >> civil court and then CPC you are based on that only you are you have appeared here yes ma'am >> you have filed this this according to this court is the proper authority for giving direction all the civil court.
>> Yes, my lord.
>> Not the deputy commissioner. Don't try to explain that way. Huh?
>> My lord.
>> It's my understanding my lord.
>> No, don't understand in that way which is not in the meaning. Then it will be difficult. You'll understand different way and then the court will not understand the different way you understand. It will be difficult to convince the court also.
Understand what is in the literal mean the literal meaning also. So it's not a case that GPS are not doing anything.
they have uh any anyway that >> but anyway but then this uh in view of that also and probably this I think you have to withdraw these two name because it doesn't since you have come before this court seeking direction this court will be doing needful but then you have to I think >> my lord >> still you want then my my lord >> head gamba is a judge would be a judge here isn't Then you are impleading the judge.
Supposing if this court keep your case pending today if I know I don't do then you'll go to supreme court and implement same thing. Same thing >> my lord I am coming I'm on revision because under 227 my lord has the supervisory power over all the lower courts. So lower courts >> that is why you have come before this court under 27 that we understand my lord >> that is what I am saying you should not imple this gamba who is judge there that amount to impleing the high court judge if the high court keep your case pending for some uh some days my lord >> isn't it my lord >> the gambra is judge here >> my lord mean by name may be struck >> you want this jud this gambra to decide your case >> yes my lord >> and then you are impleading again >> mercy Whether he will fight fight his case or he will decide your case.
How do you expect the gamba to be fair enough?
>> My lord my lord I am just praying for a direction to them to conduct cover.
>> We will direct my lord.
>> What I am saying is withdraw this name.
My lord you need to withdraw. Consider that my lord.
Mr. At the very outside Mr. L council for the applicant sister the respondent number one GB head GB and the respondent number two deputy commissioner is not a necessary party in the present civil division petition.
Therefore praise for striking of their names from the co title. The prayer is allowed. Stop the let the respondent number one the name of the respondent number one and two be struck off from the course title. Okay.
Now this is CRP melo. Okay. Then uh okay in the beginning you had Mr. Huh council for the also hard miss G additional senior senior government advocate. Okay. Then it outside that paragraph and thereafter you say that the present petition under sections what is the section >> 227 under article 227 of the constitution of India. Yeah.
File under huh article 227 of the constitution of India the petitioner challenge the my lord I'm not challenging anything I'm just for a direction to conduct. came by filing this then by filing this present petition under article 227 of the constitution of India the petitioner is alleging the inaction of the GB which village >> uh Rio village >> inaction >> district Carlo >> of the Rio village where where is His address >> address is he himself is the is in Rio village resident of Rio village >> you know the village authority of Rio village >> yes >> what do we call that let us see one parvana please by what name he has issued >> parwana my lord is number >> one parvana >> 52 number 52 of the head camra. Okay.
inaction on the part of the head gamba rigo village.
and not taking any further proceeding for >> conduct of cabba.
>> Conducting kebab despite of receipt of complaint. You have submitted three complaint >> my poor >> despite of receipt of >> poor complaint. Several complaint and issuing including the complaint dated 12 9 2025 comma 13 11 2025 6 3 2026 and the last one >> last one is >> no no no 31 huh yes >> no uh 228 huh 228 2025 12 9 2025 3 11 2025 and 6 3 2026 6 63 63 20 26 Okay start.
It is submitted that Although all the three all the complaint this six tree is a reminder only it appears >> not reminder but >> okay all the complaint were received and on receipt of the complaint the head GB view of Rio village as >> Parvana. Yeah. However, my lord, they have to get three per >> three perana at the gap of >> 1 month, 30 days. My almost 30 days.
Yes, my lord.
>> Almost. Not not >> some 20 some 30 like that my lord.
>> That's at the g of 30 days.
>> Yes. Okay. And uh he issued parvana. However, till date the HGB is neither conducting any kebab and head GB is not conducting till date is not initiated any kebab proceedings against into the case. Stop par braces the gvas regarding failure on the part of the HGB in terms of the provision under the assumpt regulation 94. 45 is it?
>> Yes, ma'am.
>> Requires examination.
Requires consideration. Huh? Stop.
Accordingly.
Come on. Let Accordingly. Let a notice be issued.
Returnable by 4 weeks.
The petitioner shall take steps upon the respondent by a speed post as well as by usual process within a week from today start in the meantime what we >> not not to dispose of or alienate any property having having considered The submission and the contention made in the petition comma it is provided that in the meantime the respondent number three and four cell where is your prayer >> my entering prayer is best 13 >> where have you stated that not uh not to sell not dispose or alienate any properties or create any third parties.
You mean to say third party creation prevention?
>> Yes.
>> Okay. Any third parties report the cover decision for into the properties left by the party's father.
This is father. Okay.
The respondent is your stepmother or steps stepmother.
>> Okay.
>> Okay. The in particular deceased father. Okay.
This test matter after 4 weeks.
Number two.
>> Don't scare the GB. Let them function.
Okay. And tell them if they don't know but then don't scare them. Okay.
>> May lo here the petitioner before this honorable court is the husband and the respondent is a wife. There was a matrimonial dispute between them.
Lordship >> here the lordship. The petitioner is a resident of Xiang district and the wife the respondent is a president of isang district.
>> This is item >> item two lordship.
>> What have happened lordship? uh since there was a matrimonial dispute between them. H a kabang was called was called by the ranking ban kabang that is the village of respondent number respondent. So Lord had attended the kabang decision in that kabang decision lo >> when they married >> lot >> when they married >> lot now the petitioner is barge of retirement he's working as a principal in >> retired or not yet >> not yet sir lot she's going to retire soon >> they have a children also >> they have a children all are >> they're separated or still staying together >> lordship they staying together but there since lordship uh I have met there's a matrimonial dispute lordship I had a petitioner >> the petitioner has married to some other >> yes lot.
>> Okay. So she is that means staying separately >> separately lot since lot both of them are working to working >> okay she's also working >> she's also working >> she's working as >> as a UDC under >> but then still the property enter property or some property >> enter property in the current decision loans >> and also the 75% >> and 75 and also within a week if doesn't pay the 90% of my salary as well as my pension gratitude >> yeah the GV AGV need to be educated >> no lot >> uh need to be educated they don't they probably doesn't have a power at least >> property of course we agree >> but then with regards to the salary if they don't >> they don't have a power >> so what will the issue notice >> yes lordship >> till then lo this the operation of >> only only with regard to the 75% >> yes lordship >> no not the other property >> not other property I'm not disputing lordship then because lordship that property will be given to only after >> yes yes yes okay line council for the petitioner who are the respondent the sole respondent >> sold respondent also >> okay the present petitioner the the present petition has been filed under article 227 of the constitution of India challenging the decision which decision dated >> dated uh 164 of 2020 >> where we find 164 202 >> that is lot I have narr to page 17 okay it's come from 17 18 19 20 uh 21 is the list of attendant who had attended the This isn't that 16 420 challenging the kebab decision. Huh.
Dated 164 2026 by which you said it is ranging banana decision on the order dated 164 2026 decided by the ranging ranging barang this is in a matrimonial matrimonial >> in a matrimonial dispute between the petitioner and the respondent.
Whereby it is directed that whereby it interior it is directed the petitioner to uh directed the petitioner for payment of 75%. Yes Lord to within a week in failure I have to pay 90% what >> 75%.
of his salary >> salary as well as pension gratitude retirement benefit closing M 70% of salary stroke payment come pension and graduity to the respondent.
Where where is within a week?
>> The type copy is in page 28. The operative portion lo the type copy lo it's in five note. It said the caban decided that three so and so shall be a foret with a further direction that it shall be the said 75% share from the salary of the petitioner shall be the shall shall be paid to the respondent wife within in a week from the date of said order is it?
>> Yes, sir.
And in the event of failure to comply with this comply with the say direction it is further provided that the petitioner shall be liable to pay 90% of such salary stock pension retirement benefits graduity and other receivable benefits to the respondent. This is the direction. Just look stop. Huh?
It is submitted that the village authority doesn't have doesn't possess the authority to give such direction for deduction of the salary from the petitioner.
Stop the question. The question whether the Gambra stroke village authority what you say what did you say it's a the village gambra the village okay the village authority possessed jurisdiction to issue such direction relating to deduction of uh salary, stock payment and pension, gratitude etc. requires consideration.
Stop accordingly.
Issue notice returnable by 4 weeks.
Stop. The petitioner shall take steps for notice upon the respondent by a speed post a by usual process within a week from today. Stop par in the meantime.
Where is your interim prayer >> interim prayer? In my interim prep in pending disposal of the present petition the petition for that this honorable court may kind operation of imp so >> the operation of the impure kaba decision that is 164 2026 shall stay and remain stay to the extent of deduction of 75% of uh salary payment, salary stock payment and stock payment and pension stock graduity stop. Huh. However, the remaining part of the impune uh order imper not be affected by okay by this order by by this interim order >> lot by uh >> so with regards to the other because uh probably you may have to approach the proper forum uh Lordship in my petition also since Lordship I have made an appeal before the appate >> forum but since Lord by way in a petition WPC which I have mentioned uh made an appeal for ad customary court but that has been uh state by this honorable court saying this doesn't have a jurisdiction >> no so here in this case Lord since I am from >> in this case what we see is I do not know we we do not know what had happened in the family case whether you >> as a employee during the uh living of the spouse can marry another or not we do not know okay that dispute will not enter into so to the effect >> that he the GB or the village authority doesn't have power at least to direct the government >> to deduct that they doesn't have so To that extent only but we are passing an order rest if you make out case will pass necessary order.
>> Yes.
>> Okay. Now >> at least it's matter of four.
>> Okay.
>> Number three.
May please your lordship. Your lordship.
This is a bail application praying for release of the accused Kogan Zakia who was arrested on >> Okay. Who he is was arrested in connection with what case? For what offense?
>> NDPS act.
>> Okay. 20B.
>> Yes.
>> What is 20B?
>> 20B 20B intermediate.
>> Intermediate.
>> What intermediate? uh uh canabis uh the canabis uh visual was uh 1.204 204 which is >> 20 B and 2B. What is this 2B?
H >> what is the punishment for 20B and 2B?
27 B >> 10 years and extend to one lakh rupees.
>> H what is 20 uh 2B?
>> Yes. 20 >> and 27 uh 6 month and extend to 10,000 rupees or we both Your logic uh at this stage a notice may be kindly issued.
>> Yes, notice issued >> and CD >> need to know the law.
>> Yes sir.
>> But Mr. M Tony >> when you come to court come prepare what is the section? What is the offense against the accuse for which you are praying? Okay.
>> Yes.
>> Mr. M >> Tony >> Tony L council for the petitioner also heard Mr. Lo PB for the state stop.
This is an application filed under section 083 varias Anita 2023 praying for release of the accused who has been arrested in uh arrested in connection with dops case number 49 2026 under section 20B Roman 2 again capital B stroke 27B stroke 29 9 of narcotic drug and psychotrophic substance act 1985 stop who else is the but okay Mr. is notice since Mr. Lo then a PP appeared and pressed for some time to produce.
Okay. No follow notice needs to stop.
According to call for the scan copy of the case study it is still under investigation.
>> Yes.
Stop list matter when >> three of June your lordship >> is okay as pray for comma this is another one third June okay >> highly oblowing to some disagreement between the petitioners has led to the registration of the prison fire otherwise my lord the offense which has been incorporated in their fire.
In fact, they had a mutual relationship and they were living together. In fact, now they have started living together and they now the victim is pregnant. 23 weeks pregnant matter. Now the victim does not wish to pursue this matter further. Therefore, we have filed this jointly.
>> Okay. Just The settlement agreement is at page number 29.
Yes. Any objection?
>> Since lordship they are living together lordship lordship.
>> What is the status of the case? Milo have page number 28 myot stage of commot >> comm and then matter is fixed day after tomorrow so that mean charge it already charge yes but the matter has not been committed yet mad it's >> before the cgm now my lord Let us see. Yes.
>> The record if there is no bar >> will allow but then since it's V76 >> Milard >> let us see if there is no any inducement etc. >> Milard >> till then my lord the proceeding may kindly be kept in agreement. No. Uh but you said that it is still under committal stage.
>> Yes mad. Since I have been called my to appear before the CGM on >> let it let it commit before the session court and then from the session court itself >> it can be closed if there's nothing >> that can be done by but I'll have to appear on the next day. I mean like uh committ can be done by further proceeding in respect of this case after committ >> committal because the CGM doesn't have a power to try >> it has to commit >> before the session >> uh before the session code >> so let the CM commit before the session court >> and from the session court only if there is nothing then we'll set aside >> but I may be called before the sessions court at any point of time since we are living together >> so when you think that Supposing if someone issued to you my lord >> by the session court you bring it on record it will pass necessary order >> some observation is being given by this honorable court I'll appear on 28th 5 2026 which is day after tomorrow and after committal my lord any proceeding in respect of this case before the session court may kindly be kept in >> evidence session court session court let the what I'm saying is s court >> let the session court also take the take the case on record okay let the session court issue someone then someone you bring on record.
>> Okay. So in advance we will not be able to >> bring on record a summon and then we'll stay >> otherwise in view of this agreement it appears that need to stay but >> otherwise my lord this committal even this proceeding can be state my lord and record may be called from the cm itself my lord because everything is there in the before the cgm so that record can also be called for until then my lord this proceeding can may be state >> no let not necessarily to >> let the examined because subsequently probably this When the settlement was done, >> it was done on milut >> recently.
>> Recently my >> then in that case probably not before the submission of charge seat had the had the settlement arrived within the parties before the before the submission of charit >> could have given some statement so that it doesn't go to the court. Okay.
>> Therefore my lord only the record of CGM will suffice my lord it may not be required to go to the session court.
Everything will contain there in the char. So therefore a record can be called from the CGM court itself. Until then the proceeding before the CGM can be st till the next state and record will be with the CGM only not necessary.
>> This is this is interior court only.
>> Yes my lord.
>> But the record is still with the CGM only. So it can be called from >> you said that committ is going to be >> on 128 my lord >> tomorrow. Yeah tomorrow.
So record can be called from the CGM called it sor everything the whole charge >> after committed >> and probably she would have no longer power or he or she >> he will not have >> this is which court >> separate directly from this >> comm order will be passed only I think committ order >> but my lord may make one observation after committal my lord any further proceeding in respect of this gr case number may be kept in appearance my after committ I'll appear tomorrow >> no what I'm saying is the moment session court issue >> my lord >> now if even if the record is to be called for now since >> the case is before the cm only record need to be called from the cm only >> after after committ sent to the lord it is also not >> committ is going to pass tomorrow >> yes lord s and it is also not sure whether that we cannot stop. Yes Lord sure >> and it is also not sure whether it will be committed to the sessions court or not primary fail after perusal of the whole record and if it is found that the sections are trial by the sessions court then thereafter it will >> that is why I'm saying my lord >> so let the cm decide which court it'll go committal because it's intermediary court only >> so here it will go to JMFC CM wherever okay wherever it is >> humble submission is that since the matter has been amicably settled within the At least now we only need to report.
>> This is a rape case.
>> Well, so we need >> so anything can happen.
>> So only for the per >> there is instances I know at least we know we all know >> instances where in both the high up and >> then where they are subsidized or not subsidized they have been compelled to execute and that in that case there will no any rap case. My lord since my lord is >> my lord would be perusal perusing the records >> on the basis of the record my lord will have information >> now we may also require to call the victim >> personally before the court done my lord >> so that is why I'm saying let us not be so hurry in these in such cases because it's not your case only >> tomorrow some other case may come which will be alltogether different from you your case and where the victim will be in uh in such a position that she doesn't have a power authority except the believing in the court.
>> In that case what do we do? We have to examine only >> blindly only on the basis of the submission of the council also.
>> My also give a direction to have a personal appearance of both the >> that will do later on because here in this case we may have to because now it says that it's a she's pregnant >> and they're staying together. We do not know. He is a married person.
>> Yes ma'am.
>> And that question is also there.
>> Yes ma'am.
>> And he she was a student only.
>> My >> age difference are there.
>> Yes ma'am.
>> Lot of difference are there >> since I'm making a genuine submission stating that >> I believe you. It's not there.
>> There's a reason my lord >> I have no reason to disbelieve you. I believe you. But then let us let us see.
See we are not only for you >> my if my lord I'm insisting my lord let there be a direction from this honorable court for their presence on the next day my lord >> cool >> for their presence of the petitioners mad >> let us see Mr. JT land council for the petitioner also had Mr. Deoy land of BP for the state stuff by filing this application under section 528 of the bat sanita the petitioner.
No no no no it's a joint this is joint petition. Okay, this is uh an application file under application under section 528 of the variabita 2023 jointly filed by the accus and inform vict stroke victim in SEPA women PS case number 5 2026 registered under section 68 A 68 B 69 stock 74 stock 752 and 3293 of BNS Vini Sanita 2023 and gently file for praying for questioning of the praying for crossing of the uh the case number. Huh?
Put the questioning in the middle. Okay, Mr. What we'll do is Okay, Mr. Lord pressed for some time to obtain instruction.
Okay. Now it is submitted. It is submitted that the that that upon uh completion of investigation the case has already been charged and it is lying pending before the uh lying it is lying pending before the chief judicial magistrate at the committal stage stop in view of the work Mr. Loy seek some time to obtain instruction in this regard the prayer is allowed huh stop okay next date what we'll do is where it has gone committal order already pass or not we'll pass the interim if any okay is prayed for come list this matter after a week >> after a week okay >> I look with some observation that on the next after a week on which state the interim prayer shall be considered okay grateful yeah Item number five.
>> Yes.
>> My lord, I am appearing on behalf of tang >> tang >> time.
>> Yes. What is this case? Whether this has been not yet admitted it's a make appeal only.
>> Yes ma'am. What is the grievance? The appeal is against what >> uh I have no idea about the brief madam. I have just instructed to >> you should have some idea.
>> Yes madam. When he appear you should have some idea uh service report against >> why it has not yet been admitted Service is not completed. Man last occasion it was uh sent for mediation method. However, what is a what is your challenge?
Oh, it's very difficult. From the very beginning, the petitioner has been absent. That is why there is no effective order.
Who is the petitioner?
He dying.
is a living. He never appears.
This has done only to travel the high court.
while only to travel the high court to increase the pendency only. He's not appearing See you do not know and on the basis of such submission so many order has been passed it appears pending since 22. No effective order and how how only for the sake of listing it has been listed and then you get it listed and you are also blindly appearing without knowing anything at least some clue some idea you should have that way we My plan has challenged the order passed by the motor accident crime tribunal.
>> This is claiming you're agreed by the what? Quantum of compensation or what?
Okay.
Quashing. Why it should be quest? What is the ground?
You agree by what? Which other?
Let us decide what is this actually? Why it has been filed for ground also not given ground given?
Okay. Uh Mr. >> M do council for the petitioner >> on behalf of tang >> on beh appearing on behalf of Mr. Tang L council for the appent stop. It appears that the matter has not yet been admitted staff.
Then just a minute.
This is an appeal file under section 173 of the motor vehicle acts 1988 against the judgment and award dated 46 2022 passed by motor accident claims tribunal MT West coming bomb in MS MT case number 10 2021 Stop.
It appears that the matter has not yet been admitted. Stop. Accordingly, the epic is admitted.
Stop.
Okay. Now you have to obtain instruction. You are praying for no stay. You are although you are praying for stay. I can grant a stay provided you deposit 50%. Yes.
We'll direct then. Yes sir. Okay.
Uh, how many respondents are there? Three respondents. Three respondents. Yes.
Okay.
Appeared. Never.
No ma'am we have not taken steps mediation if the mediation fails nobody appeared if the party was not properly informed they will not appear also okay so the it appears that the matter was referred to the earlier the matter was referred to the median of mediation failed.
In view of the above, the petitioner.
So the appellent shall take precious steps upon the respondents by uh speed post as well as by usual process within a week from today. Stop. Huh?
Okay. List after 4 weeks. Huh? Yes sir.
Then in the miscellaneous application.
Okay.
Mr. H appearing on behalf of Mr. T council for the applicant stop.
This is an application file under order 41 rule 5 of the code of civil procedure 1908 praying for stay of the operation of the impug judgment and awardated 46 2022. We do not know whether he has paid or not. passed by the land member motor accident claims tribunal west coming district in MST case number 10 2021 star of para since the connected appeal being make appeal number 22 20 uh 20 20 22 AP 2022 has already been admitted the operation of the impug judgment and annated 46 2022 pass in the um MSD case number uh 10 20 uh 10 2021 by members motor accident claim tribunal west bomb dealer west coming shall remain stay subject to the condition that the appellent deposit 50% of the total awarded amount before the registry of this court within 4 weeks from today. 4 weeks.
>> Yes.
>> From today stop. Huh?
With the above with above this stands disposed of.
Okay.
But number six.
>> Yes. May I please uh in this case your ship with regard to respondent number two and three services completed long bankship.
>> Okay.
>> However, they are not appearing in because of >> so what to do? What to do in that? LC may be appointed law in that case law.
>> This is criminal revision.
>> Yes.
>> Revision against >> the order.
>> The judgment order >> passed by the land session court bomb.
>> What the judgment says?
>> Lordship. uh trial was conducted before the learned uh seat >> trial against trial against the petitioner.
>> Yes.
>> Okay. And any other pass against him?
>> Yes.
Lit session court has upheld the judgment part by the learned cm learn >> session court bomb has upheld the judgment pass by this cmip.
>> Okay. What is what what was the order of cam sepa >> convicting the >> convicting the petitioner for section uh 352 that is assault >> h sex >> assault >> okay >> and 387 for extortion >> okay sentencing him for >> for extortion 2 years and for assault 2 months >> okay so >> and uh with regard >> to run concurrently >> yes your >> okay so it's 2 year >> yes your punishment is 2 year Yes, your >> okay then uh >> and being a you have taken steps upon the respondent.
>> Yes, your ship >> not appearing.
>> No ship.
>> Uh with regard to hard Mr. >> Poorship >> Lani council for the petitioner also had misshag PP for the state stop.
Where is the name of the respondent? How many respondents are there?
>> Total ship three.
>> Three. Okay. Two. One is complainant, one is victim or what?
>> One is two >> one is your ship, two is victim, three is complaining.
>> Okay. Uh >> so you have taken steps upon this two and three also but then none of them are appearing.
>> None of them. Uh it is summitted that although a step were taken upon the respondent number two and three however none none represented although although despite the receipt of the notice. So it appears that stop. It appears that the respondent are respondents are not in a position to engage private council. In view of the above, this court deem it proper to appoint one legal aid council to represent the respondents accordingly. Who who who normally who is any legal council presently?
Mr. Genie >> Mr. GG Gen Led legal laned legal aid council from the penal is appointed as the legal aid council for the respondent number two uh to represent the respondent number two two and three. Huh?
>> Stop and the petition shall furnish a copy of the revision petition to the land appointed leg council within 3 days from today. Object stop this matter after 2 weeks. Three weeks.
>> Three weeks. Okay.
>> Item number 10.
>> Yes. This is a joint petition for questioning the air 01 2026 register at woman police station.
Okay. So parties have settled the matter. Okay. What is the offense?
Opens is uh section 8579 1115.
>> What is 85?
>> 85 husband or relative of husband of a woman uh subjecting her to a cruelty or worship and subject >> to cruelty your cruel. 17 79 is word, gesture or act intended to insult modesty of a womanship and 115 uh is voluntary causing hurt and 314 is dis dishonest misappropriation of property.
So the execut is section >> 85.
>> 85. Sorry.
>> Yes. Your >> Okay. I thought 65.
>> 85 is 498. And what else?
>> And 79.
>> 79.
>> Yes. Your lo and 509.
>> Yes. You >> earlier get sir. Okay. And then >> 115 and 115.
>> Yes. You lost it.
323 and and >> $314 314 of BNS 14ership parties have settled the mattership >> this is misappropriation parties have settled the matter >> yes your basically this empire is born out of misunderstanding between the two beloveing couples your nature They are in relation not married but they are in uh relation your lordship.
>> Okay.
>> So this uh petitioner two is already uh pregnant.
>> Now what is the present status? It is under investigation.
Why? When a fire was lost 0403 2026 your March Yes.
Now still under investigation on the last procedures called for coincident receive >> you have received no not received.
>> Oh not yet received.
>> Yes.
So let us see the CD then let the let him receive CD. Let us see.
Okay. Okay.
>> But then also ask for the comment.
>> Yes.
>> Because it appears that inform that it appears that the parties have mutually settled and then give the present status the requirement etc. Seriousness.
>> Yes.
>> In order to analyze seriousness if there's nothing we can allow the petition.
>> Yes Lord sir.
>> What it says in the settlement?
>> She's pregnant.
>> Yes. that respond uh petitioner to she conceive your relationship though they are not married your relationship.
>> Okay. Now the petitioner is the the h uh the petition who is informship. Yes.
Informant >> inform is one or two.
>> Two your relationship.
>> Okay. One is married person.
>> No no no. Both of them are single.
>> Both are not the now probably they are or will marry?
Yes.
If they come in before the court and say that they will marry we can allow now also Mr. Yes, that that could be the solution.
Otherwise now she is pregnant. You can't leave. Yes.
Difficult. We can't keep one person trouble and free the others. They together now together.
We are worried about the lady anyway. So uh just inform the IO of the case to give the present status.
>> Yes sir.
>> And also the status of the person >> go once if they are really staying together and that report status.
>> Yes sir.
>> Status meant really the status of the person. Okay. The information in the complaint heard Mr. P. Wan line council for the petitioner petitioner staff. Mr. uh United NP some although the case that has been called for in the case that has called for is still awaited stop Mr. Wang sist the at the moment the informant petitioner number information is petitioner number two you're looking two is pregnant then although just a minute that although the petitioners are not yet married. The informant petitioner number two is now pregnant and they are at the moment staying together.
In view of the book, Mr. Lo shall also obtain uh present status of the petitioners. Okay. And before the court on the next date list this matter again on the two week after two weeks. Okay.
Pattern number 11.
Yes.
None appears on behalf of the none just on behalf of the petitioner.
However, Mr. Lo 97 MP for the state is present. Start the office note dated 265 2026 reflect that the service upon service of notice upon respondent number two is still awaited.
So in view of the buff let this matter be after two weeks. Okay. Item number 15.
Yes.
>> Service competitives. Service completed.
>> Yes.
>> Okay.
Communicated to the How many respondents are there? Uh one minute. Only one?
No.
to state and the one this is what this is criminal petition for what criminal petition for causing causing the descent so no one appears on behalf of the respondent respondent is a victim or complainant >> it's complant >> who is respondent it's complent h >> it's complent >> what is the allegation against her uh allegation is optional for uh can we appoint legal aid council or on behalf of the informant? What is this case about?
Uh not withdraw of bank grantee lordship.
Where is there legal notice also anyway? So let him appear. It appears this.
All right. Uh written page number 68.
>> Okay. Now, where is the uh record showing that the uh step is complete?
>> They have received >> 12 0 to 2006.
>> 12 date uh order >> order.
>> Okay.
12 120 to 2026 2. Yes.
>> Do you have the updated case diary?
Lordship I we do not receive in the case there also >> not received yet.
>> Okay. Hi Mr. >> G >> learning council for the Mr. The lawyers learn council and learn PP sub the updated case study. We scan copy of the case study is not available at the moment. We have prepared for some time.
>> Lordship sorry for lordship interruption. Lordship we have received the message that mater was lordship submitted to lordship.
>> Final report.
>> Yes lordship.
>> Can we dispose of on the basis of this final report?
Lordship >> then you obtain the final report.
>> No lordship we we call for the case there lordship but >> no no so the final report before which court before which court?
>> Okay now uh Mr. Huh council for the petitioner uh also Mr. Lo PP who submits that the case has been submitted into final report in view of before which court is not given lordship uh which PS not lordship.
Okay. In view of the above submission.
Let the Mr. Gil for the petitioner also had Mr. Ty P for the state.
This is an application file under section 528 of the vari sanit 2023 praying for crossing of the proceeding of The PS case number 27 2025 under section 316 within bracket 5 stroke 351 within bracket 2 bracket uh uh then stroke 3 bracket 5 of BNS 2023 Stop better.
The case of the petitioner is that based on the false allegation manif Where is page written?
68 starting from page 65 65 to 68 long is page number 68.
Uh based on the Brit fire filed by one uh the respondent number two alleging against the petitioner and How many petitions are there?
>> Two.
>> Two. One.
Two. You do not know.
uh arising the petitioners for dishonest misappropriation of property, criminal breach of trust, lifethreatening in phone calls and WhatsApp message using personal information to threaten causing mental trauma and criminal intimidation.
Come the police has registered the effort.
Mahalagan PS number 27 stroke 2025 and 25 stop.
the study was called for the concern case study was called for however today Mr. Lloyd L P some although the case study has called for has not been received.
However, he has received one message informing that the affformentioned nullan PSK case number 27 2025 has already been submitted into final report by FR. Part number 206 stroke 25 dated 31 2025 is mistake of fact in the submission This criminal petition is disposed of with a direction to the Ghaned trial court to dispose of.
The final report submitted by the IO of the case being number uh being number 2206 stroke 25 dated 31 10 2025 in a u after giving an opportunity to the information in accordance with law. Okay.
Within in accordance with law that that is enough. Okay. With the above this criminal petition stands disposed of.
Okay.
>> Item number 16.
>> Yes. My in this case this matter pertains to caution of a fire and the matter has already been estate by this honorable court. I think the informant uh is not present today.
On the last occasion he was there.
>> There is a >> Yes ma'am.
>> Okay.
>> Not yet appeared.
>> They appear on last occasion. They have appeared.
>> They appeared >> appeared in the council was tawatu.
>> Uh this was also called for lordship but we didn't receive. It has been endorsed to the JMFC upr the case.
>> Trial code from trial code but also have you received no worship. It appears since uh we don't receive TR lordship. It is by the it is not depicted in the lordship is >> okay hold by the only lordship. So we do not have lip.
>> Okay.
Uh heard Mr. JT council petitioner stop Mr. I also heard Mr. Eloy P for the state stop none appears on behalf of how many respondents are there private respondent >> only one man >> okay uh none appears on behalf of private respondent the Mr. Okay.
Trial code record has been received. It has no reflected reflect in a record that it has been received.
Okay. So or not receive not receive.
Uh it is submitted that Okay. The record reveals that just in the data regarding TCR has been okay. The record reveals that the trial court decode of the GR case number 75 2020 25 corresponding to it WPS case number 0 to 2025 has been endorsed to the learned judicial magistrate trust classia in view of the above.
Let the record be called for from the judicial magistrate first. Look, let the record of the forcet case be called for from the land court of judicial magistrate first classia.
Okay. Uh list this matter >> after 3 weeks. After 3 weeks >> uh lordship after receipt of the lord this year lordship.
>> Okay.
>> It will better >> list this matter after receipt of the trial code on the date to be fixed by the registry.
>> Yes.
>> Okay.
>> In the meantime the inter passed earlier shall continue till the next date of listing. Okay.
Great.
Item number 17.
Yes.
This is for uh order your worship. You have taken service order.
Here also Mr. Loy it appears record is still awaited.
We are not party is not party.
Okay.
What is this crim?
Not a party.
Who appears for the respondent then Mr. Wong?
>> Yes sir. Council for the petitioner none appears on behalf of whether earlier appear on behalf of the respondent. Have you taken steps?
>> Yes.
No one appears. No.
>> Answer notice.
out of station. You have to I think uh it has re returned. So you have to take fresh steps. I think you take fresh steps.
Return to the sender is addressy is out of the station. You find out the present address. Yes sir. Copy. Take fresh steps. Okay. Then Mr. Wangpan Halan Council for the Vishna stop in view of the office not dated 93 2026. The council for the petitioner prays for allowing him to take fresh steps upon the private uh the respondent prayer allowed fresh steps upon the respondent by reg by speed post as well as by user process within a week for me today. You can take back this and then find out the name.
Huh?
No need to keep this. Okay. Then write this way. Uh the office not dated 93 2026 reflect that unserved notice in respect of the soul respondent has been received back with postal comment return to sender as addressy is out of station.
Stop. In view of above, the council for the petitioner prays for allowing him to take precious steps upon the respondent and also praise for returning the earlier.
Petition submit earlier. petition for the respondent submitted before the registry. So the registry shall return to enable the petitioner to take fresh steps upon the respondent after assertaining the present and proper uh uh present address of the respondent stock. step be taken within within one week. One week you can find out the address. Where is the address?
Okay. One uh uh within a week from today. Okay. Stop list after 3 weeks.
Okay.
Item number 18.
But uh I think uh the respondent they're appearing for the first time today.
>> Okay.
>> And u this is an orders my lord can be fixed for admission.
>> Okay. Mr. >> Lord say uh may >> Yes please sir.
>> Lord uh this is a covered cases uh passed in CRP number three of 23. Here Lord say the issue is the party this is the respondent that it's me whom I'm representing. They approached before the interblaze territorial customary court instead of blaze authority. In fact he approached the blaze authorities but he didn't take taken up the cover. So accordingly we approached the interb territorial customary court they have passed the cover decision. Now in terms of arnasal prades court act >> the interb territorial customary court is affiliate authority. So then though they have the jurisdiction to try the matter they don't have original jurisdiction.
So in this case >> can they refer back to the >> yes cause the that order and and the bless authority to >> that that is your g >> that is exactly my gance but I'm not in hold of my file today my I was out of station yesterday so I could not uh get the file today so I was paying >> what we can do is on the next day let him be also ready if there is any. No.
>> Okay. We'll dispose of >> you want this matter to be disposal of today itself.
>> Yes. Because >> you are in hurry.
>> No. No. Lord say because keep it fending does not serve any purpose for both of >> disposal in that way. Then in that case sometime after some time >> maybe maybe day after tomorrow or on Monday my >> okay >> even I'll go through the file I'll have to make some submission on that also.
>> Okay. You also obtain instruction in that case. My lord too >> because probably your earlier complaint was not who made >> it was me was passed in my he in fact he challenging saying that no inter customer has no original jurisdiction it is his our claim was >> then what we'll do is I'll say I've heard and then next day unless otherwise we'll deliver the order only >> on that day before the delivery of order if you have Anything you submit if and need if need we'll change without delivering >> my lord >> or what >> can be taken Monday after tomorrow >> why to force >> yes lord >> okay >> can it be on after tomorrow >> after tomorrow >> yes in admission l very simple it's okay >> okay no problem I'll not be there of course in that m JT council for the petitioner >> Mr. Okay. Lolen council put appear on behalf of the sole respondent.
>> Yes Lord.
>> Okay. Sle respondent.
No no no need to file anything.
>> No.
>> Okay. So since the parties are duly represented business matter next week.
>> 29 L.
>> 29 >> day after tomorrow. Oh day after tomorrow.
>> Yes Lord. But tomorrow is holiday.
>> Day after tomorrow I think so many matters are fixed.
Election matter I think we will have no time at all or what it will >> okay okay after tomorrow is it okay totally fine >> okay let ask three election petition and then other also others also it's all other will come anyway but then this is only just we'll keep uh other reserve if there is difficulties okay provided time provided we'll only say because we uh we will have no time to dictate also but will keep reserve my after maybe next week my >> it will take hardly five minutes Lord say >> no I have understood and and probably only he need to be clarified so you can just go through once that is your claim only because your claim is that I'm considering >> the territory customary code doesn't cannot entertain >> yes l >> and decide a dispute in the first instance because this is a prayer >> yes my lord I am agreeing to that my lord and because of that my my lord has passed an ordering staying that order my >> but my difficulty is that I may not be able to >> okay you will not be there >> that is the reason okay otherwise no issues >> okay next week then okay uh >> uh I prayed for come at least this matter >> next week >> next week >> okay >> fix that may be given also >> fix date >> Monday >> because >> because keeping funding it doesn't either of the >> no issues in disposing of the matter the only issue is that there some legal cases which I am going through with my family that is >> let it let >> my friend is no big step next week.
>> Okay. Next week. Okay. List uh for admission after a week. Okay.
>> Next week next week.
>> Next week.
>> After week means it will take another week.
>> Next week. Okay.
of light food.
Number 19 and 20.
Yes. This I 112. It has been filed by the respondent for takeation of the order dated 27th March 2000. Filed by you. Yes.
27 mark 26 NX one H pass by there is a state >> or there is order direction to deposit >> person have they also deposited?
>> Not at all.
>> Deposited?
>> Not at all. Not >> no we do not know. Let us issue notice what happen is I have a certain form the registry maybe maybe let them also let them also file if there is any objection >> if they are deliberately deliberately not file and then probably there is automatic I think >> yes >> let us see let us see we'll pass order let them file if there is any objection >> let us wait for some time we'll pass necessary order okay in IA Mr. Yes. JBA learn council for the applicant also. Miss >> Mori M >> M BI >> Bi Council appearing on behalf of the respondent.
Stop.
This is an application.
So by filing this application the Applicant is seeking a vacation of order dated 273 2026 passed by this court in IA C number 79 2026 in connected appeal Such appeal appeal and connected and connected appeal number 026 start this notice since miss boring has bi appeared an accepted notice on behalf of the soul respondent no formal notice need be sent to the said respondent staff list this matter two weeks along with main RSA to after 2 weeks.
>> Okay.
>> Okay.
You file objection if any uh in the meantime the respondent may file their objection if so advised. Okay.
Item number 25 along with those RSA and IIA all those mentioned. Okay.
>> Unlisted matter.
>> May I please worship >> this case >> item unlisted.
>> Okay.
>> This matter is pertinent to uh section 118 joint petition.
Yeah. on settlement or this matter was earlier uh on that uh NXL 5 22 23 was withdraw on liberty or the necessary M&M was supposed to be met regarding that after uh I have uh placed my settlement date also this case >> after obtaining my liberty from this honorable court I have made necessary implicit the parties in this case >> it was withdrawn >> withdrawn on liberty granted liberty.
You have annexed those order.
>> Yes, I have NX on page number ner 2 page number 23. Here's the cases regarding juvenile if you may remember that >> where the accused was juvenile. The case regarding 118 close to grievous hurt and as per the medical report is it showing simple injury.
>> Just sir, where is the court order?
Order is in 23 23 >> operating portion is at 24 years.
>> Okay.
>> Okay. This withdrawn.
>> Yes. Withdrawn and after that I made the necessary impl that >> so juveniles.
>> Uh here the accused was juvenile during the >> that the case if you l may remember that one.
>> Yes. Yes. Juvenile and he was represented. represented now.
>> Okay. Now let us see later on with the under what is the status of >> in the appearance before the principal major magistrate.
>> Yes. JJB UPR >> JJBup.
>> Yes. It's in page.
>> So uh >> page number 52 >> just a minute. Huh?
>> Uh the the offense is under >> what is this 118 >> one is grievous hurt.
304 also.
>> Earlier it was 304 but when the charges were met it was 118 close 2 per the NXR for 53 page number 53. This is the cognance order before the uh CCWL principal mistator.
>> Okay. Uh what is 118? You said >> uh grievous hurt with imprisonment up to 3 years.
>> But Lord may peruse the >> I have also you have also the medical report.
>> Yes medical report page number 43.
>> Page 43.
>> Yes it's showing simple >> say it's simple.
>> Yes. Simple >> injury.
>> It's injury.
>> Sir weapon >> sir weapon with uh the allegation is that see the accusers inflicted injury with a wine bottle. This is the case.
Hm.
>> With wine bottle. Bottle.
>> Wine bottle.
>> Yes.
>> Attack with wine bottle.
>> Wine bottle >> to the >> to the uh victim.
>> Just a minute. Huh? Where is the file is? Is in page number 25.
>> No, don't show this. Where is the content of the complaint? Huh?
>> 27.
>> 27 is the type of 28 25 here. The >> space >> page 27 also.
>> Okay. Who is the informant?
>> Inform is the uh sister of this accused sorry victim pardon.
>> Sister of the victim. And who is the accused? accuses this CCWL minor.
>> Minor is also girl >> girl >> for attempt to murder against minor.
>> Yes, this is the contain of the fire.
But after the >> younger sister of Missa file complaint against Miss Chared under section 118 close one. That is the case. No such uh attempt to murder was found in this case or only section 118.
Why it was attacked? She was attacked >> here. The incident is Mary.
>> Yeah.
>> I miss so and so the any ground for attack.
>> No worship. There was some party was going on that that's a accused person CCW had attacked this girl. This is the case attack and she snitch her goldson and what regarding the golden she has returned to this uh victim person also.
Even this in this case ML medical report is also there which has been annexed also.
>> Okay. Now case has been charited.
>> Yeah. Charited in the stage of uh appearance or cognizance is also >> where that order.
>> Cognizance is in page number uh 53 which is a type copy.
>> Just let me just sometime you will submit and then but then certain documents deficiency. Yes. Fine. This is F. Okay sir.
>> Now your may come to the page number 53.
>> Okay. Just >> charge it where?
>> Uh charge it at Char 19 125. Page number 28.
>> Page 28.
>> 28 and charge it. The register FI register is under section >> 118 close one of BNS or >> 118 >> close one of BNS >> voluntary uh causing hurt or grievous hurt by weapon that is the case where imprisonment is 40 file charge it also file under same >> same 118 close >> and cognition is uh the operative portion >> charge with operative portion under 118.
>> Yes, ship 118.
>> Yeah, it starts it only under 118.
>> Yes, ship 118.
>> Okay, then >> then cognizance order.
>> Cognizance order >> is in page number 53 taken by the juvenile justice board before you appear here on 21 January 26.
What is the name of the accused?
>> Accused name is uh uh Yana Flago also known as Ana.
Her father is bearer of Lago which is now duly represented by him as per the cognizance order where you say it's in page number 53 also >> 53 >> yes this is a type copy also >> okay >> case record put on today on filing offense >> okay this is before the principal man >> okay then >> after that then they have mutually settled >> settle that order is settlement >> it's in page number 54 NXR uh >> now now let us See Ya is accused.
>> Yana is accused and now she has been represented by their legal garden which is the father of this uh >> accused represented by >> the father.
>> Father >> who is plagued by plagu yes that is the case.
>> Okay now mimi is a victim.
>> Yes complainant sister >> complainant.
>> Yes sibling. They are sibling.
>> And where is the m is the victim in this case also. Uh me is victim.
>> Okay.
Component.
>> Okay.
>> Yes.
>> So now I think it's submitted.
>> Okay. Now this petition is filed by >> filed by the father of the accused person. And who is duly authorized this uh uh accused person or page number >> name of uh page three >> page 22?
>> Huh?
>> 22 22.
Yes. This uh PCW has represented duly authorized to this father bear of Lago.
Being a father can represent but authorized. So in the petition of Lego is a father. Yes.
>> Father number petition number two is victim.
>> In four.
>> Okay. Complainant. Okay.
>> Three is the victim.
>> Okay.
Now uh you have any objection?
>> No sir.
>> Okay.
This is item >> item.
>> Okay. Unlisted sir.
>> Yes. I'll take hard Mr. Ba council for the petitioner also had Mr. Led PP for the state respondent stop.
This is an application file under section 52 a box of BNSS praying for passing and sitting. No.
Okay. Setting aside the proceeding.
to near Julie Police Station case number 46 stroke 2025 under section 118.
Cognizance order is 118 only.
118 + 53.
>> 118 within bracket 1 stroke 304 bracket 2 BNSS pending before the principal magistrate juvenile justice board UPR district Arunachal Pradesh stop.
No, this is it. Huh?
No, this was this this year was called for lordship but we didn't receive but >> but without this I have annexed all the document and and regarding principal it's only open Thursday and Friday very inconvenient matter is in fact arrested day after tomorrow >> right uh this a joint petition filed by the accused informant and the victim under section huh Okay.
Okay. The then next pair would be the petitional number one in represented by huh. Okay. Say that. Now next paragraph would be the petition number one is the father who represented the accused which CCW is accusing CCW child accused who is child in conflict of with law. Huh? Law.
C. Child in conflict with law.
Semicolon. The petitioner number two is the informant and the petitioner number three is the victim in the affformentation case number 46 2025 under section 1181 3042 BNS.
Why you saying BNSS? It should be GNS BNS stuff.
The case of the petitioners is that on 135 2025 the petitioner number to load uh written FR before the officer in charge police station alleging against child in conflict with law.
for assault and attempt to mother and stuff based on the effort. said a fire uh case was registered under section.
The case was registered being nearly PS case number 4625 section 1181 304 to BNS and investigated into staff. Upon completion of the investigation, the police has submitted investigation report before the principal magistrate juvenile justice board capital complex UPA is the accused involved in the case.
was juvenile in conflict with law. No, no. Child in conflict with law the on sorry and buy and order buy and order dated 221 2026. The Principal magistrate JJB Yupia took cognizance of the case against the CCWL.
You understand CCW in complete with law under section 118 within bracket one BNS start and now the case is pending for trial before CC uh before that JJ >> JJB >> JJB UPR >> JJB UPR stop it is submitted that during the pendency of the trial before the JJB come the case has amicably been resolved between the parties. is as the parties and executed a deed of mutual settlement.
That is 20 5 2026 stop.
In the state deed of mutual settlement, the informant and the victim categorically stated that oh I'll continue. We have a meeting of the I thought I'll huh so I'll complete dispose of allowed okay >> your if my prayer the matter is on uh day after tomorrow it allow >> so that is whying order is >> it will not harm you day after tomorrow even appear also after appearance even if you get the order also >> it won't affect you you just inform that matter has been resolved and the high court only the CTC to be received but it will be uh uploaded this evening. Okay.
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