In a significant development, Chief Judicial Magistrate Dimapur Ajongba Imchen, discharged Neiphiu Rio from the 2014 BA (Hons) affidavit case under Section 471 IPC and the other co-accused Zetso Sakhri under Section 197 IPC. The BA (Hons)provisional certificate was wrongly issued by the vice principal who also admitted the inadvertent mistake. On the request of Neiphiu Rio, a correct certificate BA (simple pass) was issued on October 15,2015.
Based on a complaint filed by two persons police filed FIR on February 2,2016 against Neiphiu Rio alleging that he committed offences U/S 465/468/471/417 IPC read with section 125-A of the Representation of People Act 1951. A case was registered in the Kohima PS South. Another complainant again filed FIR on March 31, 2016 over the same matter.
The case was earlier heard in the Court of the CJM Kohima and on February 9, 2017 the Gauhati High Court Kohima Bench, transferred the case to the court of CJM Dimapur. The case was received in the court of the CJM Dimapur on March 21, 2017. The Court then sent summons to accused to appear in court on April 21, 2017.
The CJM Dimapur gave the judgment on June 27 after hearing counsels of both parties over the affidavit executed by Neiphiu Rio on March 19, 2014 showing he passed with BA (Hons) which was enclosed with nomination papers for election to Lok Sabha.
After discharging the case by pointing out several flaws in the reports of the IO and other material evidences, the CJM also ruled that as per the one year limitation U/S 468 Cr.P.C. the case would have been over on March 19, 2015 or one year from the date of commission of the alleged offence on March 20, 2014. However, the learned Judge pointed out that FIR was lodged on February 2, 2016 and so was barred by limitation under Section 468(2)(b) or Cr.P.C.