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2025 DAILYLAW 2938 (MAN)

Heisnam Anandjoy Singh v. State of Manipur and another

Tr.P.(Crl.)/2/2025 · 2025-10-09

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl. No. 3 & 4 IN THE HIGH COURT OF MANIPUR AT IMPHAL Tr. P. (Crl.) No. 2 of 2025 Heisnam Anandjoy Singh Petitioner Vs. State of Manipur; & Anr. Respondents Clubbed with MC [Tr. P. (Crl.)] No. 2 of 2025 BEFORE HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR (ORDER) 10.10.2025 [1] This order will now dispose of the captioned transfer petition and the captioned miscellaneous case thereat. [2] Mr. A. Gautam Sharma, learned counsel for the sole petitioner; Mr. Phungyo Zingkhei, learned State counsel for 1st respondent (State); and Mr. Ch. Momon, learned counsel for 2nd respondent are before this Court. [3] This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 26.09.2025 which reads as follows: ‘26.09.2025 [1] Captioned main transfer petition has been presented in this Court under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) with a prayer to transfer Criminal Police Case No. 9 of 2021 (titled State of Manipur Vs. Heisnam Anadjoy Singh) from the file of Chief Judicial Magistrate (CJM), Senapati to either the Court of Chief Judicial Magistrate (CJM), Imphal East or Chief Judicial Magistrate (CJM), Imphal West. KABORAMBA M SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH Date: 2025.10.10 15:18:43 +05'30' [2] To be noted, the complaint is primarily one under Section 498A of erstwhile Indian Penal Code (IPC) and the complainant is transfer petitioner’s father-in-law (complainant is R2 before this Court) [3] Adverting to paragraph 8 of the support petition, learned counsel for transfer petitioner submitted that there is some difficulty in transfer petitioner travelling from Irilbung, Imphal East District to Senapati in Kangpokpi District. [4] In the light of the contents of the support petition, issue notice. [5] Mr. Phungyo Zingkhei, learned Dy. Government Advocate, accepts notice for R1, Mr. RK Umakanta, learned senior counsel and Government Advocate, appears on behalf of the State/R1. [6] As regards R2, private notice is permitted and learned counsel for transfer petitioner is also permitted to serve on the counsel on record for the complainant in the trial Court. The next date of listing shall be fortnight hence. [7] Learned counsel for transfer petitioner submits that the afore-referred criminal case is listed before the Trial Court in Senapati on 06.10.2025 at charge framing stage. Therefore, there shall be an order of interim stay of all further proceedings in Criminal Police Case No. 9 of 2021 on the file of Chief Judicial Magistrate, Senapati, till next listing List on 10.10.2025.’ [4] The afore-referred 26.09.2025 proceedings shall now be read as an integral part and parcel of instant order. [5] In the hearing today, learned counsel for 2nd respondent on instructions very fairly submitted that he has no objection to transfer of the Criminal Police Case No. 9 of 2021 (titled State of Manipur Vs. Heisnam Anadjoy Singh) from the Court of Chief Judicial Magistrate (CJM), Senapati to the Court of Chief Judicial Magistrate (CJM), Imphal West. This submission is recorded. Page 3 of 3 [6] To be noted, the transfer is only in the light of difficulty expressed by transfer petitioner in travelling from Irilbung, Imphal East District to Senapati in Kangpokpi District. To be noted, this factum has been captured in paragraph 3 of earlier proceedings dated 26.09.2025. [7] As regards 1st respondent (State), learned counsel fairly submits that he really does not have a say in the matter. [8] In the light of the stated position of both sides, captioned transfer petition is allowed transferring Criminal Police Case No. 9 of 2021 (titled State of Manipur Vs. Heisnam Anadjoy Singh) from the Court of Chief Judicial Magistrate (CJM), Senapati to the Court of Chief Judicial Magistrate (CJM), Imphal West. [9] The ‘Transferor Court’ shall forthwith transfer all records to the ‘Transferee Court’. [10] The first listing in the ‘Transferee Court’ (Court of Chief Judicial Magistrate, Imphal West) shall be on 14.11.2025. [11] Captioned transfer petition ordered in the aforesaid manner. Consequently, miscellaneous case thereat is disposed of as closed. There shall be no order as to costs. CHIEF JUSTICE Sandeep