STATE OF MANIPUR Vs. MOHAMMAD HUSSAIN

JUDGEMENT

(1.) Heard Mr. M. Devananda, learned Addl. A.G. assisted by Ms. Jyotsana, learned counsel for the petitioners/State; Mr. HS. Paonam, learned senior counsel assisted by Ms. Lekhakumari, Advocate; Mr. L. Shashibhushan, learned senior counsel assisted by Ms. Kangungailui Kamei, Advocate; Mr. S. Jhalajit, learned counsel; and Mr. H. Nabakumar, learned counsel for the respondents/accused persons.

(2.) Vide order dtd. 29/4/2024 in SLP(Crl.) No. 1536 of 2024 filed by the respondent/accused No.2 herein, the Hon'ble Supreme Court desired this Court to decide the revision petition filed by the State against the discharge order as expeditiously as possible and in any case, by the end of May, 2024. Accordingly, this case was listed on 30/5/2024 for pronouncement of judgment. However, due to sudden flash flood in Manipur, there were no court sittings on 30 & 31/5/2024 and the case is again listed on 3/6/2024, the next working day available, for pronouncement of judgment.

(3.) The present Revision Petition has been filed under Sec. 397 CrPC read with Sec. 36-B of the ND&PS Act, against the discharge order dtd. 20/1/2021 passed by the learned Special Judge (ND&PS) Thoubal in Spl. T. Case No. 12 of 2020 in connection with FIR No. 94(8) 2019 TBL Police Station under Ss. 22(c)/29/60(3) ND&PS Act added Sec. 468 IPC and in the ex-parte interim prayed U/S 482 of the CrPC read with Sec. 36-B of the ND&PS Act for issuing a warrant directing the accused be arrested by any Sub-ordinate Court and lodge them to prison pending the disposal of the above referred revision petition. The respondent Nos. 1 to 9 are accused Nos. 1 to 9 before the court below. The point for determination in the present case is whether the ingredients for the offences punishable under Ss. 22(c)/29/60(3) ND&PS Act and Sec. 468 IPC are made out against the accused persons or not.