KHURAIJAM TOM TOM SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. M. Ibohal, learned counsel appearing for the petitioner. Heard also Y. Ashang, learned PP for the State.

(2.) This petition has been filed by the petitioner under Section 482 Cr.P.C. to quash FIR No.296 (8) 2014 registered under Section 325 IPC on the file of respondent No.3, lodged by respondent No.4, the charge sheet and the order of the Learned Chief Judicial Magistrate framing the charge.

(3.) The petitioner, who is an accused facing the trial in Criminal (P) Case No.166 of 2017 on the file of the Ld. Chief Judicial Magistrate, Imphal West, has filed the above petition seeking to quash the criminal proceedings mainly on the ground that the Investigating Officer has not recorded the statement of the victim under Section 161 Cr. P.C. and as such, he has not made his statement as the basis of the charge sheet filed before the learned Chief Judicial Magistrate. As a result, the charge sheet filed by the police is in violation of Section 161 of Cr.P.C. and hence, illegal and void.