High Court quashes FIR filed by NSF over demolition of its office

KOHIMA —The Kohima Bench of Gauhati High Court has quashed the first information report (FIR) of the Naga Students’ Federation (NSF) filed in connection with the demolition of its office in the Naga Club Building, Kohima, in May this year.

The NSF had, on May 27, lodged an FIR at the North Police Station in Kohima against “unknown miscreants” over the demolition of its office, to which the Naga Club later claimed responsibility and filed an anticipatory bail with the High Court, praying for quashing of the FIR and the criminal proceedings.

The high court stated in an order dated September 29 that the petition of the Naga Club be allowed for quashing the FIR by invoking the inherent power of the court under Section 482, CrPC, 1973. “In the result the petition is allowed and disposed of,” it stated.

“Having considered the submissions of the learned counsels for the parties and perusal of the FIR as well as the materials available on record, this court is of the view that the allegation made in the FIR do not disclose the commission of any offence and make out a case against the petitioner as the demolition and removal of the debris by the engaged persons of the petitioner cannot be said to be an act of vandalising of public property much less criminal trespass,” stated Justice Kardal Ete in the order.

“Moreover, after the filing of the FIR, the petitioner (Naga Club) and the respondent No. 2 (NSF) have resolved the issue as the same is out of sheer misunderstanding between the parties,” it added.

The court stated it noticed the NSF’s withdrawal of the FIR though the permission to withdraw the FIR is permissible or not under the law is a different issue altogether.

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