STATE OF MANIPUR Vs. S KAPANGKHUI SIMRAH

JUDGEMENT

(1.) HEARD Mr. RS Reisang, learned Sr. P.P. appearing for the petitioner, State of Manipur and also Mr. S. Rupachandra, learned counsel appearing for the respondent, Shri S. Kapangkhui Simrah.

(2.) THIS Revision Petition is directed against the order of the learned Special Judge, Manipur East ( Shri U. Kol Singh) dated 29.2.2012 for discharging the respondent, Shri S. Kapangkhui Simrah . In the present Revision Petition, a serious allegation has been made that Shri U. Kol Singh, learned Special Judge, Manipur East passed the impugned order dated 29.2.12 on the very day of his retirement from service on superannuation by completely ignoring the earlier order of his predecessor, Smt. Surbala Devi, dated 13.9.2010 for framing the charge against the respondent, S. Kapangkhui Simrah.

(3.) IN order to verify the correctness of all the serious allegations made by the petitioner in the present Revision Petition, the record of the Special Trial Case No.1 of 2010 had been requisitioned from the court of the learned Special Judge, Manipur East, Imphal. On perusal of the records, there is some stinking smell in the proceeding of the said S.T. Case No.1 of 2010 inasmuch as the record itself very clearly indicates that the predecessor of Shri U. Kol Singh, Special Judge, Manipur East had already passed order dated 13.9.2010 for framing the charge against the present respondent, S. Kapangkhui Simrah and the accused Shri Th. Robindro Singh. The impugned order, i.e. the order dated 29.2.2012 clearly speaks that the accused Th. Robindro Singh against whom charge had already been framed vide order of the Special Judge, Manipur East dated 13.9.2010, was not heard before passing the impugned order dated 29.2.2012.