STATE OF MANIPUR Vs. S. KAPANGKHUI SIMRAH

JUDGEMENT

(1.) HEARD Mr. RS Reisang, learned Sr. P.P. appearing for the petitioner, State of Manipur and also Mr. S. Rupachandra, learned counsel appearing for the respondent, Shri S. Kapangkhui Simrah.

(2.) THIS Revision Petition is directed against the order of the learned Special Judge, Manipur East ( Shri U. Kol Singh) dated 29.2.2012 for discharging the respondent, Shri S. Kapangkhui Simrah . In the present Revision Petition, a serious allegation has been made that Shri U. Kol Singh, learned Special Judge, Manipur East passed the impugned order dated 29.2.12 on the very day of his retirement from service on superannuation by completely ignoring the earlier order of his predecessor, Smt. Surbala Devi, dated 13.9.2010 for framing the charge against the respondent, S. Kapangkhui Simrah.

(3.) THE prosecution story reveals in the order dated 29.2.2012 is that the Supdt. Of Police Ukhrul ordered on 5.10.2005 for encashment of all government money through Treasury shall be done by the Cashier and the Reserve Officer and the enchased money should be kept in the Strong Room earmarked inside the Unkhrul Police Station. Respondent, S. Kapangkhui Simrah was the Reserve Officer and the accused Th. Robindro Singh, was the cashier. Cashier Th. Robindro went to Imphal for encashment of Rs.16,33,776/ - (Rupees Sixteen Lakh, Thirty Three Thousand, Seven Hundred Seventy Six) and after encashment , a sum of Rs.50.776/ -(Rupees Fifty Thousand Seven Hundred Seventy Six) was disbursed on the way and in conspiracy with the Reserve Officer, S.I. S. Kapankhui ( present respondent) the remaining enchased money amounting to Rs.15,83,000/ -(Rupees Fifteen Lakh Eighty Three Thousand )only was deliberately kept in the unguarded old strong room attached to the office of the Reserve Officer of the Superintendent of Police without the knowledge of any competent authority.