Manipur High Court
Union Of India & 13 Ors vs Central Bureau Of Investigation on 7 January, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Suppl.-1 Item Nos. 1-2
Date: 2025.01.22
VICTORIA 10:35:18 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRIL.PETN. No. 3 of 2025
Union of India & 13 Ors.
...Petitioners
- Versus -
Central Bureau of Investigation.
...Respondents
With
MC(Cril.Petn.) No. 3 of 2025
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
07-01-2025
These matters are taken on board on mentioning as supplementary
item.
Heard Mr. S. Vijayanand Sharma, learned Sr. PCCG on behalf of the
petitioners.
The petitioners challenge the order dated 30-10-2024 passed by the
learned Chief Judicial Magistrate, Imphal East in Cril.Misc.FR Case No. 12
of 2021, Cril. Misc. Case No. 8 of 2022 [Ref: Case No. RC-DST/2018/S/0018
u/s 302 r/w 34 IPC] [Ref: RC-29(S)2018/SC-HI/ND] whereby cognizance
was taken against the 13 accused persons who are personnel of Assam
Rifles for their involvement in the death of one person in an encounter.
In para 12 of the impugned order dated 30-10-2024, it has been
observed that prosecution sanction under section 197 CrPC will not be
required as purported act of the accused persons were not in discharge of
their official duties. The impugned order is challenged mainly on the ground
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that cognizance was taken without prosecution sanction.
Issue notice in the main petition as well as the miscellaneous
application for granting ad-interim relief.
Mr. W. Darakeshwar, learned Sp. PP, accepts notice on behalf of the
CBI and draws the attention of this Court that the impugned order was
passed on the protest petition filed by Extrajudicial Execution Victims’
Families Association, Manipur (EEVFAM) which is an association of the
victims’ families and it is pointed out that EEVFAM is not impleaded as party
respondent in the present petition.
This Court is of the view that EEVFAM may be a necessary party in
answering the points raised by the Central Government in the present
petition as the impugned order has been passed on their application. In
order to avoid further complicacy in exercising power under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 482 CrPC, 1973),
this Court impleaded EEVFAM as respondent No. 2 in the present petition
as well as the miscellaneous application and directed to take steps for
service of notice upon the newly impleaded respondent by speed post within
one week and submit proof of affidavit of service.
List these cases before roster Bench on 07-02-2025.
JUDGE
Victoria
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