DORJEE TAMANG Vs. STATE OF SIKKIM
LAWS(SIK)-2020-8-1
HIGH COURT OF SIKKIM
Decided on August 13,2020

Dorjee Tamang Appellant
VERSUS
STATE OF SIKKIM Respondents


Referred Judgements :-

GIAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
NARINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

BHASKAR RAJ PRADHAN,J. - (1.)The petitioner no. 26 had lodged a first information report (FIR) against petitioners no. 1 to 25 before the Sadar Police Station, Gangtok, East Sikkim which was registered as Sadar P.S Case No. 52/2019 dated 05.04.2019 under sections 447/143/149/506 and 500 of the Indian Penal Code, 1860 (for short "IPC").
(2.)The petitioner no. 26 alleged that on 04.04.2019 around 7 p.m. while returning home after attending a party meeting with candidate of the SDF party, he received a call from his wife regarding some problem at home. On reaching home, the petitioner no.26 learnt that one Manoj Subba along with his friend had come to his house in a vehicle and a group of boys who were all supporters of SKM party had followed them shouting and abusing and making allegation that Manoj Subba and his friend were bringing anti social elements to the village and distributing money. Whereas, actually Manoj Subba had come to the house of the petitioner no. 26 to collect his motorbike which he had left few weeks ago. The FIR further alleged that a group of boys illegally entered his house and abused and threatened his wife and children. After he reached home, he was also threatened and abused for bringing anti social people into the village and distributing money. The investigation resulted in filing of a charge-sheet against petitioners no. 1 to 25 under sections 447/143/149/506 and 509 IPC.
(3.)On 11.09.2019, the Court of the learned Chief Judicial Magistrate, Gangtok, East Sikkim, took cognizance of the offences under sections 447/143/149 and 506 IPC. The substance of accusation is yet to be framed. On 1.10.2019, the learned Chief Judicial Magistrate granted bail to the petitioners no.1 to 25 as the offence was bailable and fixed the next date for substance of accusation.
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