DIMAPUR, JUNE 26: The Kohima Bench of Gauhati High Court has stayed the proceedings of three cases ~ two in the Court of Chief Judicial Magistrate, Kohima, and one in the Court of Chief Judicial Magistrate, Dimapur ~ which involve the supply of rice to Nagaland Armed Police Battalion stationed at Delhi.
The interim stay order (till the next date of hearing) was issued on June 24 by Justice Robin Phukan following three criminal petitions filed this year.
Seven residents of Uttarakhand ~ Abhijeet Chand, Deepak Chand, Dhananjay Chand, Devendra Chand, GP Chand, Preeti Chand and Soni Chand ~ had on June 23 filed a criminal petition against Ken Chishi, the proprietor of M/S Allied Traders, M/S PS Enterprises and M/S International Trading Company.
In the petition, they had sought the quashing of CR Case No. 07/2021 under Section 417/420/406/506/34 pending before the Court of the Chief Judicial Magistate, Kohima.
“It is to be noted here that the CR Case No.07/2021, was lodged by one Ken Chishi, respondent in this petition, in the month of December, 2021, alleging that her sister met the petitioners at Palli Village, Dehradun, Uttarakhand, and engaged them for supplying of basmati rice to the Nagaland Armed Police Battalion stationed at Delhi on behalf of the respondent on the basis of a verbal agreement between the parties and thereafter on four occasions, payment of a sum of Rs 21,38,715 was made in the accounts of the petitioners by the respondent, but the petitioners had neither delivered the basmati rice to the Nagaland Armed Police Battalion as per the said agreement and nor have they refunded the amount”, stated the Court document.
On the same day, Deepak Chand, GP Chand and Preeti Chand filed another criminal petition against Bokavi Chishi, the proprietor of M/S Bokavi Chishi, seeking to quash CR Case No. 08/2021 under Section 417/420/406/506/34, pending before the same Magistrate Court.
“It is to be noted here that the CR Case No.08/2021, was lodged by one Bokavi Chishi, respondent in this petition, in the month of December,2021, alleging that his sister met the petitioners at Palli Village, Dehradun, Uttarakhand, and engaged them for supplying of basmati rice to the Nagaland Armed Police Battalion stationed at Delhi on behalf of the respondent on the basis of a verbal agreement between the parties and thereafter on four occasions, payment of a sum of Rs 6,57,029 was made in the accounts of the petitioners by the respondent, but the petitioners had neither delivered the basmati rice to the Nagaland Armed Police Battalion as per the said agreement and nor have they refunded the amount”, it stated.
Again on the same day, Deepak Chand and Preeti Chand filed another criminal petition against Toyekali Sema, the proprietor of M/S. TS Enterprises and sought the quashing of CR Case No. 03/2021 under Section 420/406/34 pending before the Court of Chief Judicial Magistrate, Dimapur.
“It is to be noted here that the CR Case No.03/2021, was lodged by one Toyekali Sema, respondent in this petition, in the month of February, 2021, alleging that her sister met the petitioners at Palli Village, Dehradun, Uttarakhand, and engaged them for supplying of basmati rice to the Nagaland Armed Police Battalion stationed at Delhi on behalf of the respondent on the basis of a verbal agreement between the parties and thereafter on four occasions, payment of a sum of Rs 4,39,760 was made in the accounts of the petitioners by the respondent, but the petitioners had neither delivered the basmati rice to the Nagaland Armed Police Battalion as per the said agreement and nor have they refunded the amount”, it read.
During the hearing on June 24, the Counsel for all the petitioners submitted that the dispute was civil in nature and no such agreements were made by the petitioners with the respondents, and the cases have been filed with ulterior motive “on instigation by another person to settle personal score”.
After considering the nature of accusations made in the respective CR Cases as well as the issues raised by the petitioners, Justice Phukan ruled that till the next hearing, further proceedings of the three CR Cases stand stayed.
The next hearing will be held on July 22.
(Page News Service)
