Page | 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.A. No. 105 of 2023 Manipur Lokayukta Appellant Vs. Jangala Suresh Babu; & Ors. Respondents Clubbed with MC (W.A.) No. 50 of 2025 BEFORE HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA (ORDER) (K. SOMASHEKAR, C.J.) 14.07.2025 Learned senior counsel for the appellant/Manipur Lokayukta, Mr. M. Rarry is present before the Court physically. Learned counsel for the State, Mr. I. Amri is also present before the Court physically. Learned counsel for respondent No. 1/Jangala Suresh Babu, Mr. BR Sharma is also present before the Court physically. W.A. No. 105 of 2023 has been preferred by the Manipur Lokayukta against the order dated 11.10.2023 passed by the learned Single Judge on the writ side in W.P. (C) No. 565 of 2022. However, the proceeding in connected MC (W.A.) No. 50 of 2025 has been filed by the applicant/Mr. BR Sharma, who is the counsel for respondent No. 1 in W.A. No. 105 of 2023 keeping in view the provision under Order 3 Rule 4(2) of the CPC, seeking for determination of the applicant being a counsel/pleader of respondent No. 1 and the same is stated in detail in this miscellaneous application. KABORAMBA M SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH Date: 2025.07.16 12:28:21 +05'30' Page | 2 Whereas keeping in view the provision of Order 3 Rule 4 (2) of the CPC, which indicates that every such appointment shall be deemed to be in force until determined with the leave of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client. Whereas, keeping in view the submission made by the applicant, who is the counsel for respondent No. 1 in the writ appeal has addressed his arguments in the miscellaneous proceeding for consideration of the reasons stated therein in detail, but engaging the service of a counsel is the domain vested with the party to the proceeding in any lis, either in the civil lis or in a criminal lis or even to the extent of lis initiated in the writ side and more so it is a right vested with the party to the rank of the proceeding. Therefore, it is deemed appropriate that the proceeding in MC (W.A.) No. 50 of 2025 is hereby considered in the interest of justice and also for determination of the applicant, Mr. BR Sharma being a counsel of respondent No. 1/Jangala Suresh Babu and also disengaging his service. Accordingly, the proceeding in MC (W.A.) No. 50 of 2025 is hereby disposed of. Consequent upon disposal of the MC (W.A.) No. 50 of 2025, it is deemed appropriate to issue notice upon respondent No. 1/Jangala Suresh Babu in W.A. No. 105 of 2023, by permitting him to engage the service of a counsel in accordance with law, keeping in view the provision of Order 3 Rule 4(2) of the CPC or to appear in person before this Court. Page | 3 Whereas, Mr. M. Rarry, learned senior counsel for the appellant refers to document in Annexure-A/3 for issuance of process against respondent No. 1 in the writ appeal. This submission which is made by learned senior counsel is also taken on record. However, in a given peculiar facts and circumstances are concerned, it is deemed appropriate to issue notice against respondent No. 1/Jangala Suresh Babu in W.A. No. 105 of 2023 to participate in this appeal, through Registered Post with AD and even through the concerned police authorities for effective service of notice against him. Accordingly, Registry is directed to list W.A. No. 105 of 2023 on 11.08.2025. JUDGE CHIEF JUSTICE Sandeep