LAISRAM BOKUL SINGH AND KONDOLEI SINGH Vs. STATE OF MANIPUR THROUGH ITS CHIEF SECRETARY AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226, Constitution of India for obtaining a writ of Mandamus or any other writ or order appropriate to the circumstances directing the respondents to give effect to this Court's order dated 29 -7 -1954 in respect of G. C. Notes of Rs. 7,000/ - and for giving effect to the order of the learned Sub Judge in civil suit No. 29 of 1954 by returning the said amount forthwith to the petitioner.

(2.) THE petitioner was charged and tried by Shri O. Niladhwaja Singh, Senior Extra Assistant Commissioner in G. R. case No. 675 of 1955 for cheating the complainant respondent 4 of Rs. 7500/ -and was convicted and sentenced under Section 420, I.P.C. to one year's rigorous imprisonment and a fine of Rs. 400/ - and in default of payment of fine to a further term of 4 months' rigorous imprisonment on 6 -3 -1954.

(3.) THE learned Counsel for the petitioner has urged that by means of the order passed by this Court under Section 517, Cr. P.C. the petitioner acquired a right to get back the amount of Rs. 7,000/ -and as the respondent's have failed in their statutory obligations to pay back this amount to the petitioner, a writ of Mandamus should be issued against them. On behalf of the respondents it has been urged by the learned Government Advocate that as the order for delivering the money to the petitioner was subject to the result of a regular suit and as regular suit has already been filed and it is about to be disposed of in a short period, the respondents 1 to 5 have exercised their discretion after carefully taking into consideration all the circumstances and so no writ should be issued against them.