NINGTHOUJAM TOMCHOU SINGH Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard Mr. S. Abung, learned counsel appearing for the petitioner, Mr. W. Darakishwor, learned senior PCCG appearing for the respondent No. 1 and Mr. M. Gunedhor, learned counsel appearing for the respondents No. 2 to 6.

(2.) The present petition has been filed under Sec. 482 of Cr.P.C. read with Sec. 528 of BNSS with the following prayers:

(3.) The present petitioner is the father of victim, Late Ningthoujam Babysana Chanu, whose right to cross-examine the 2 (two) witnesses on his behalf by counsel called by the Ld. CJM, Imphal West, was denied violating the right under Sec. 138 of the Indian Evidence Act which governed the law of examination of witness. Therefore, he filed an application being Misc. Case No. 276 of 2024 before the Ld. CJM, Imphal West (Annexure - A/1). However, vide order dtd. 2/8/2024, the application was rejected by the Ld. CJM, Imphal West without applying judicial and common sense that the right to call witnesses for examination by Ld. CJM, Imphal West is governed by Sec. 138 of Indian Evidence Act. This law is not made to exercise her discretionary power, it is for both sides (Annexure - A/2).The operative portion of the said order is extracted herein below: