YUMLEMBAM SOROJINI DEVI Vs. LOUREMBAM RENU DEVI

JUDGEMENT

(1.) Heard Mr. T. Rajendra, learned counsel for the petitioner. Also heard Mr. Th. Mahira, learned counsel for the private respondents and Mr. Y. Ashang, learned Government Advocate for the State respondents.

(2.) These two revision petitions, Cril. Revn. No. 12 of 2014 and Cril. Revn. No. 13 of 2014 have been field u/s. 397, 401 read with Section 482 of the Code of Criminal Procedure, 1973 against the common order dated 23.5.2014 passed by the learned Sessions Judge, Manipur East in Cril. Misc. (AB) Case No. 31 of 2014 and Cril. Misc. (AB) No. 32 of 2014 arising out of the same FIR Case No. 88(3)2014 IPS u/s. 420/506/34 IPC, 25(1-c) & 27(2)A. Act, 13 U.A.(P) Act by which the learned Sessions Judge, Manipur East granted anticipatory bail to the principal respondents in these two petitions u/s. 438 of the Code of Criminal Procedure. Accordingly, these two revisions petitions are heard together and disposed of by this common judgment and order.

(3.) It is the case of the petitioner that the petitioner had filed a criminal complaint case against the principal respondents in these two writ petitions namely, Smt. Lourembam (O) Renu Devi and Smt. Yendrembam (O) Damayenti Devi on 27.2.2014 before the learned Chief Judicial Magistrate, Imphal West which was registered as Cril. Misc. Case No. 145 of 2014 contending that the said persons who were already having business dealings with the petitioner, after collecting gold ornaments from the petitioner and executing promissory notes, neither returned the gold ornaments nor paid the amounts of the value of the gold ornaments when demanded. Even though the petitioner insisted for returning the gold ornaments or making payment of value thereof they refused to do so. It was stated that sometime, in the last week of November, 2013, the petitioner received many phone calls from a person who describing himself to be a member of a banned organisation who called from mobile No. +91 9191702904 to the petitioner's mobile No. +91 9612437863 and +91 8413804730 and asking the petitioner to come to Moreh on 3.12.2013 stating that he would be waiting at Namphalong gate at 11.00 am failing which, the family of the petitioner including the petitioner would be killed. Being scared by such threats, the petitioner went to Moreh on 3.12.2013 as directed along with four other persons. On reaching Namphalong gate, the said unknown person took the petitioner and her company to Thoibi Pat inside Tamu, Myanmar where the petitioner found the two principal respondents along with some heavily armed youths who identified themselves to be members of a banned organisation. There the petitioner and her company were threatened by an unknown armed youth amongst them not to mention about the money anymore stating that the principal respondents are sympathizers of the said banned organisation and involved in raising funds for their organisation. Though the petitioner protested, they refused to budge their stand and directed the petitioner and her group to leave or else they would they be killed. Having no other alternative, the petitioner returned home. Subsequently, being aggrieved, the petitioner filed a complaint to the Officer-in-Charge of Imphal Police Station on 22.2.2014 against the accused persons. However, no action was taken by the police. Thereafter, again on 23.2.2014 at about 6 am, 3 unknown persons including a woman holding fire arms calling themselves to be the members of the same banned organisation came to the house of the petitioner and told her that they had received information from their source that the petitioner is visiting the police station and warned her not to pursue the matter further and not to ask the principal respondents to return the gold ornaments or demand payments of the value of the gold ornaments. Having no alternative, the petitioner filed a complaint before the Ld. Chief Judicial Magistrate, Imphal West as mentioned above. The learned Chief Judicial Magistrate, Imphal West then forwarded the said complaint to the O.C., Imphal PS for investigation, on the basis of which, an FIR being, FIR No. 88(3) 2014 IPS u/s. 420/506/34 IPC, 25(1-C) & 27(2) A. Act, 17/17 U.A.(P) Act was registered against the private respondents and others. The petitioner states that, however, she came to know that even before the registration of the said FIR, the private respondents had approached the Court of Sessions Judge, Manipur East on 24.2.2014 for grant of anticipatory bail u/s. 438 Code of Criminal Procedure by filing Cril. Misc. (AB) Case No. 31 of 2014 and Cril. Misc. (AB) Case No. 32 of 2014 and the Ld. Sessions Judge was pleased to grant ad-interim anticipatory bail to both the principal respondents.