LAWS(MANIP)-2014-7-17

MD. ABDUL RAUF Vs. STATE OF MANIPUR

Decided On July 30, 2014
Md. Abdul Rauf Appellant
V/S
THE STATE OF MANIPUR Respondents

JUDGEMENT

(1.) HEARD Mr. T. Rajendra, learned counsel for the petitioner and also Mr. R.S. Reisang, learned Sr. PP for the State.

(2.) THE present revision petition has been filed being frustrated with the perceived failure on the part of the Investigating Authority in carrying out a proper investigation into the allegations of assault, intimidation, etc. suffered by the petitioner, his family members at the instance of the respondent No. 6 and his gang.

(3.) THE main plea raised in the present revision petition is that the Court below ought to not have granted the petitioner relief u/s. 438 Cr.P.C. to the respondent No. 6 merely on the ground of his being interrogated on 01.01.2014, even before other witnesses including the complainant and other victims were examined by the I.O. It has been contended that without examining the complainant, victims and other material witnesses relating to the said incident of assault, by merely interrogating the respondent No. 6, the relief u/s. 438 Cr.P.C. ought not have granted to the respondent No. 6.