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2025 DAILYLAW 1102 (MAN)

ELANGBAM IBOHAL SINGH v. RAJESH KUMAR AND ANOTHER

MC(CONT.CAS(Crl.))/1/2025 · 2025-07-13

A Guneshwar Sharma

body2025

Judgment text

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P a g e 1 | 3 Clubbed with MC[CONT. CAS(C)] No. 1 of 2025 with MC[CONT. CAS(C)] No. 3 of 2019 IN THE HIGH COURT OF MANIPUR AT IMPHAL CONT. CAS(CRL.) No. 1 of 2019 Elngbam Ibohal Singh … Petitioner - Versus - Sanjay Mitra & 5 Ors. … Respondents B E F O R E HON’BLE THE CHIEF JUSTICE MR. K. SOMASHEKAR HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA O R D E R [K. Somashekar, CJ 14.07.2025 [1] Learned counsel for the complainant/petitioner, Mr. A. Golly is present before this Court physically in the contempt proceeding of CONT. CAS(CRL.) No. 1 of 2019. Learned senior PCCG for the respondents No. 1, 2 & 3, Mr. S. Vijayanand and learned counsel for the respondents No. 5 & 6, Mr. P. Tamphamani are present before this Court physically. [2] This contempt proceeding is connected with the proceedings of MC[CONT. CAS(C)] No. 1 of 2025 and MC[CONT. CAS(CRL)] No. 3 of 2019 and wherein the learned counsel for the applicant in the proceeding of MC[CONT. CAS(CRL)] No. 3 of 2019 submits that the miscellaneous case may be disposed of by deleting respondent No. 2. KHOIROM BIPINCHAN DRA SINGH Digitally signed by KHOIROM BIPINCHANDRA SINGH Date: 2025.07.15 18:25:15 +05'30' P a g e 2 | 3 [3] Whereas, keeping in view of the submission made by the learned counsel for the applicant and inclusive of the learned counsel in the rank of respondents who are present before this Court, in this proceeding, the applicant is seeking for deleting the respondent No. 2 and in that place, new officers may be arrayed as respondents No. 7 to 11 as stated in detail in the said application wherein the particulars are furnished. [4] Keeping in view of the submission made by the learned counsel for the applicant/petitioner in this proceeding is concerned, it is deemed appropriate that the reasons stated in the application are justifiable and accepted and consequently, the proceeding in MC[CONT. CAS(CRL)] No. 3 of 2019 is hereby allowed in the interest of justice. [5] Accordingly, it is deemed appropriate that for issuance of notice against the aforesaid respondents No. 7 to 11 be arrayed as party in the aforesaid contempt proceeding and therefore, issue process again them. [6] The aforesaid matter would be listed on 30.07.2025. [7] In the meanwhile, for disposal of the aforesaid miscellaneous application proceeding relating to the contempt case whereby the learned counsel for the complainant/petitioner in the contempt proceeding of CONT. CAS(C) No. 1 of 2019 has facilitated the orders of Hon’ble Supreme Court of India in SLP(CRIMINAL) Diary No(s) No. 34336 of 2018. However, in the aforesaid SLP which is so far stated indicating that “At the commencement of hearing, learned Additional Solicitor General appearing on behalf of the petitioners submitted that the issue raised in the instant petition is similar to the one raised in P a g e 3 | 3 W.P.(Crl.) No. 129 of 2012.” This submission which is made by the learned counsel for the complainant/petition is taken on record. [8] Whereas, in the aforesaid SLP(CRIMINAL), it has also been indicated that “In view of the statement of the learned Additional Solicitor General, we direct the Registry is to list this matter along with Writ Petition (Crl) No. 129 of 2012.” [9] However, the learned counsel for the parties in the contempt proceeding submits that the SLP (CRIMINAL), proceeding which is initiated by the petitioner before the Hon’ble Supreme Court of India and the same is pending for consideration of the issue in between the parties and therefore, the learned counsel for the parties in the contempt case be directed to clarify the status relating to the aforesaid SLP(CRIMINAL), Diary No(s) No. 34336 of 2018 even relating to the proceeding in Writ Petition (Criminal) No. 129 of 2012 to persuade the contempt proceeding initiated by the complainant/petition against the respondents/accused. [10] Accordingly, made an observation. [11] Both the parties be directed to submit the status of the SLP (CRIMIMAL) which is pending before the Hon’ble Supreme Court of India in accordance with law. [12] Consequently, these matters would be listed on 30.07.2025. JUDGE CHIEF JUSTICE Bipin