MAISNAM KOROUHANBA LUWANG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. H. Kenajit, learned counsel for the petitioner, assisted by Mr. Albert Keisham, Advocate; and Mr. H. Samarjit, learned PP for the State.

(2.) The petitioner herein approached this Court by an application under Sec. 482 Cr.P.C. for quashing F.I.R. No. 208 (04) 2012 IPS u/S 17/20 Unlawful Activities (Prevention) Act. It is stated that the petitioner is presently running a business of mobile food truck and is a family man taking care of his old aged parents, wife and two minor sons, and he is the only bread earner of the family and his wife is helping him in the food truck business. The petitioner was arrested on 21/4/2012 in connection with F.I.R No. 208 (04) 2012 IPS u/S 17/20 UA(P) Act and the learned Chief Judicial Magistrate, Imphal West, released him on bail on 30/4/2012. It is also stated that respondent No. 3 arbitrarily arrested the petitioner without any material only on the ground that he was carrying Rs.90,000.00 (Rupees Ninety Thousand) with him. It is further stated that there is no prima facie case against the petitioner and there is no progress in the investigation since his arrest 10 years ago. It is stated that the petitioner has been picked up from his residence on every Independence Day and Republic Day i.e. 15th August and 26th January every year by the police and took photographs in full public view and hence, his prestige and reputation has been tarnished in the society. In the F.I.R., it is alleged that the petitioner was a member of a banned militant outfit PLA/RPF. Since there is no progress in the investigation for more than 10 years, it is prayed that name of the petitioner may be quashed or deleted from the FIR or direct the respondents to file charge sheet within a time frame. The relevant portion of the prayer is reproduced below :-

(3.) The petitioner also filed an application being MC(Cril.Petn.) No. 27 of 2022 inter alia praying that during the pendency of Cril.Petn. No. 26 of 2022, the State respondents may be directed not to pick up the petitioner and wrongfully detain him in custody in the guise of F.I.R No. 208 (04) 2012 IPS u/S 17/20 UA(P) Act on the ground that such routine detention of the petitioner on the eve of 26th January and 15th August every year and also during the visit of high dignitaries, violates his right of live with dignity and his right of privacy.