Naga Club files petition to quash criminal proceedings regarding FIR filed by NSF

KOHIMA— The Naga Club has filed a petition under Section 482 of the Code of Criminal Procedure Code, 1973, at the Gauhati High Court, Kohima Bench, praying for quashing criminal proceedings in connection with the first information report (FIR) filed by the Naga Students’ Federation (NSF) at Kohima North Police station on Saturday after its office located in the Naga Club building was vandalized in the early hours of the same day.

Taking up the matter — Naga Club versus the State of Nagaland and the Naga Students’ Federation — for hearing on Monday before Justice Mridul Kumar Kalita, the court directed the petitioner to furnish requisite extra copies of the petition to the public prosecutor who accepted the said copies for the state government.

It also directed the petitioner to issue notice to NSF by registered post with acknowledgement due as well as by usual mode but later accepted the former’s prayer to do so through dasti service (by hand). ‘The petitioner should take steps within a period of three days from today (May 29). The notices are returnable after two weeks,’ the court added.

It may be mentioned that the Kohima police already arrested three persons in connection with the NSF office vandalisation case by till date.

Meanwhile, the Naga Club members have also filed anticipatory bail applications under Section 438 of CrPC (309) before the High Court.

In this regard, the court ordered that “Pursuant of case diary is felt necessary, hence call for the case diary”. It directed the public prosecutor to produce the case diary on June 5.

The petitioner prayed for interim anticipatory bail to the present petitioner till the arrival of the case diary stating that he would co-operate with the investigating agency and that in the event of arrest, the reputation of the petitioner would be damaged irreparably.

Further, the petitioner also prayed for allowing him to file an additional affidavit to place certain documents relevant to this case on record, which the court allowed. 

On the other hand, the public prosecutor sought more time from the court to seek necessary instructions in this regard, which the court granted seven days’ time and may file an objection if so required.

“Considering the facts and circumstances of this case, the petitioner is directed to appear before the Investigating Officer of this case within three days from the date of this order and cooperate with the Investigating Officer,” the court directed.

“If he does so within the stipulated time, in the event of his arrest in connection with the said case, the arresting authority shall allow him to go on bail of INR 20,000/- with one surety of like amount to the satisfaction of the arresting authority, till the next date of this case,” it added.

The court further fixed the case again on June 5 for production of the case diary.