).. a-P I. 1Z.5.2004 19.5.2004 IN THE HIGH COURT OF SIKKiM OFZDEF] SHEET Writ petition (GEL) Not of 2oo4 ...............Karma..Tsh.effir}g..Ehutia..........Petitioner/Appellant Versus Bespondent Order with Signature Shri Tashi Norbu Basi undertakes to file Vakalatnama on behalf of the petitioner. Learned Advocate General submits that a case has been registered under section 325 IPC against the petitioner and investigation is ,going on. Since allegations have been made against Sonam Chettri, Sub-Inspector under Sadar Police Station who is present in Court is directed to file an affidavit in the case. Put up this case on 19.5.2004 for admission. • ,NNE# ,can.eKf Jf ty + Heard Shri Tashi N.6rbu Basi, leaned counsel for the petitioner and Shri .S. P. Wangdi, learned Advocate General for the respondent. At the outset it may be noted that in the order dated 12.5.2004, a typographical error has crept in, inasmuch as, no case has been registered against the Petitioner under section 325 Ipa. Sonam Chettri, Sub-Inspector, Indian Reserve Battalion against whom allegations have been made by the petitioner, has riled an affidavit wherein he has denied all the allegations made against him. According to the deponent (Sonamchettri), on Office Note as to action (if any) taken on Order i ii:i;::fi;;;i:i:: petition , .f. ngisBfa 1al Date ~ Order with signature officeife.te.asto of o'f action (if any) . .Jer.,\-.,CorreI,No, Order taken on Order ted viOrder 8.5.2004 at about 11.30 p.in, a person (complainant) +< .ed--.',t, was found using un-parliani.entary language at Tadong out post thereby disturbing the peaceful atmosphere in the locality.. As the deponent has been staying in the portion of the building where the out post is,being housed, came. and found that he was under the influence of liquor and blood was oozing from his lower lip. The complainant seems to have met with an accident at Convoy Ground and had got his lower lip injured. In view of such injury, he was sent to hospital for treatment. In the moming of 9.5.2004, the complainant was released from custody on his furnishing surety bail bond. On the basis of the complaint filed by the complainant, Sadar P.S. Case No.59(5)04 has been registered against the deponent (Sonam* e. Chettri) u/s .326 IPC. Investigation is in t,24. •2004. progress. Hechas also been withdrawn to Indian -- •+cpr.t`~,T`.\`` Reserve Battalion Fbrce so that investigation against him would be fair arid impartial. In view of what has been stated above, since a case has already been registered against Sonar. Chettri, Sub-Inspector, on the basis of the written complaint of the complainant and investigation bdifig in progress, we do not find any point in keeping this writ petition pending. ,, Investigation of the aforesaid case may however be completed as expeditiously as possible according to law. The writ,petition is accordingly disposed of with the above observations. ` (R.K.Ipatra) `rlt-3^at-A=__ / _ __ _P_ -----J ------ i:It - - / / (,a i,.n tl -. _ _ `^ _