UKAKHASIA UCHAI KHASIA Vs. MANIPUR STATE

JUDGEMENT

(1.) THIS is an application in revision on behalf of Ukakhasia against the order of the Senior Extra Assistant Commissioner, Imphal dated 23 -12 -1954 by which it has been held that the case under Section 161/116, I.P.C. started against the petitioner by the Jiribam Police on the complaint of the opposite party No. 3 Shri Naba kumar Singh, has been held to be triable by the senior E, A. C, and not by a Special Judge as provided by Section 7, Criminal Law Amendment Act, 1952 (Act XLVI of 1952).

(2.) IT appears from the complaint dated 15 -3 -1954 that according to the prosecution the petitioner went to the quarters of the opposite party No. 3 at about 9 A.M. on 15 -3 -1954 and told him that he had filed a petition in the court of She opposite party No. 8 a week back for getting settlement at Latingkhal Makha. The opposite party No. 3 told the petitioner that the petition might be lying with the Amin and an enquiry might be made in the office, but the petitioner refused to leave the room and offered the opposite party No. 3 a packet of Capstan cigarettes.

(3.) LATER on, this case was sent up to the opposite party No. 2 along with a copy of the Memo. No. J/17/52 dated 11 -11 -1954 issued by the Assistant Secretary to the Government of Manipur, and the opposite party No. 2 proceeded with the trial of this case.