Dimapur, Nov 11 (MExN): The Guwahati High Court, Kohima Bench, has rejected the appeal of Soil & Water Parliamentary Secretary Nkhao Lotha for squashing of the complaint case filed by ex-JD (U) candidate from Sanis, Wokha, Y Ekyimo Kikon and the next hearing has been scheduled November 27.The court has summoned the Parliamentary Secretary or that he be represented by an advocate. The court observed that it could exercise the power of squashing the complaint case under Section 482 Cr.PC only when the FIR/Complaint does not make out prima facie case for an offence. The court also observed that it should not interfere in the case but should be ‘agitated’ before the Judicial Magistrate, first class, Kohima.
The High Court in its order passed November 8 keeping in view of the decision of the court as well as perusal of the case, considered that the present criminal application is not fit for squashing the Complaint Case No. 1 of 2006. It also viewed that since the petitioner/accused is a public servant in as much as he is a Parliamentary Secretary in the Government of Nagaland, necessary action under Section 197 of the Cr. PC should have been obtained for filing a complaint.
The court also viewed that the point could be ‘agitated’ before the Judicial Magistrate, First Class, Kohima and also that the petitioner/accused could raise the non-maintainability of the Complaint Case No.1 of 2006 because of not obtaining necessary sanction under Section 197 of the Cr.PC before the Judicial Magistrate. The Judicial Magistrate shall decide as to whether sanction under Section 197 Cr.PC is required or not.
