LAWS(MANIP)-2015-9-5

KAPHUNGKAN K. SHIMRAY AND ORS. Vs. STATE OF MANIPUR AND ORS.

Decided On September 04, 2015
Kaphungkan K. Shimray And Ors. Appellant
V/S
State of Manipur and Ors. Respondents

JUDGEMENT

(1.) THE present Cril. petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No. 3(4)12 Chingai P.S. registered under Sections 379/403/409/420/34 IPC dated 14.4.2012.

(2.) IT has been stated that petitioner No. 1 is the Headman of Chingai village in the Ukhrul District and the petitioners No. 2, 3 and 4 are the villagers of the said village.

(3.) WHEN this matter was taken up for hearing, it was noted by this Court that the complainant, Shri R. Yaolei who had filed the complaint before the Judicial Magistrate First Class, Ukhrul has not been impleaded as a respondent and doubted the maintainability of the petition. When it was suggested to the petitioners that they would be at liberty to implead him as a respondent in this petition, the learned counsel for the petitioners contended that it is not required under law and declined to implead the complainant as a respondent unless so directed by the Court. Accordingly, the issue of maintainability of this criminal petition has come up for consideration.