HARE RAM SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This is a petition filed u/s 482 Cr.PC praying mainly for quashing the proceedings of the Cril.(C) Case No. 15 of 2005 u/s 176 IPC pending before the learned CJM, Imphal. The petitioners are the accused persons in the said Cril (C) Case No. 15 of 2005 which was registered by the learned CJM, Imphal after taking cognisance of the alleged offences u/s 176 PC on 10.3.2005 on the basis of a complaint filed by the OC Imphal Police Station. The learned CJM, Imphal vide order passed on 12.5.2005, held to the effect that there was sufficient basis for proceeding as against the accused (the present petitioners) for the commission of the offence u/s 176 IPC. On the same day, the learned CJM read over and explained the nature and particulars of the offences u/s 176 IPC to the accused persons in the language known by them. The pleas of the accused persons to the effect that they pleaded not guilty were also taken.

(2.) Being aggrieved at the said proceeding as against them, the accused persons (the present petitioners) have filed this petition praying for quashing it mainly on the ground that there is no prima facie case for proceeding as against them in respect of the said offence u/s 176 IPC inasmuch as no case for the offence u/s 176 IPC is made out on the basis of the said complaint. According to the petitioners, to allow the CJM, Imphal to proceed with the said proceedings on the basis of the materials before him is only to allow him to abuse the process of the Court.

(3.) I have heard Mr. H. NK Singh, learned Sr. Counsel appearing on behalf of the petitioners and Mr. Ibohal, learned Addl. P.P. appearing on behalf of the respondents.