THOKCHOM KAMINIMOHAN SINGH Vs. SUPERINTENDENT OF POLICE, KAKCHING DISTRICT, MANIPUR

JUDGEMENT

(1.) Criminal Petition No.30 of 2022 was filed by the Superintendent of Police, Kakching District, Manipur, under Sec. 439(2) Cr.P.C., seeking cancellation of the anticipatory bail granted by the learned Sessions Judge, Imphal East (Special Judge, Lokayukta, Manipur), to the respondents in the criminal petition, vide order dtd. 8/6/2022 passed in Cril. Misc. (AB) Case No.5 of 22 (Ref: - FIR No.4(2) 2022 CB-PS under Sec. 120-B/34 IPC and Ss. 7(b)/13 PC Act).

(2.) While so, respondents No.2 and 3 in Criminal Petition No. 30 of 2022 filed M.C. (Cril.Petn.) No.28 of 2022 and respondent No.1 therein filed M.C.(Cril.Petn.) No.31 of 2022 seeking dismissal of the criminal petition alleging that it was not maintainable as Mr. Rarry Mangsatabam, the conducting counsel, was not a Public Prosecutor and was not competent to file and argue the criminal petition before this Court in the light of Ss. 24 and 302 Cr.P.C.

(3.) Heard Mr. H.Ishwarlal, learned senior counsel, assisted by Mr. Syed Murtaza Ahmed, learned counsel, for the applicants in M.C.(Cril.Petn.) No.28 of 2022; Mr. N.Ibotombi, learned senior counsel, assisted by Ms. N.Savitri, learned counsel, for the applicant in M.C.(Cril.Petn.) No.31 of 2022; and Mr. Rarry Mangsatabam, learned counsel, appearing for the contesting respondent in the miscellaneous cases, viz., the Superintendent of Police, Kakching District.