Central Bureau of Investigation v. Ningthoujam Roshan Singh and 3 Others

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Item No. 84

IN THE HIGH COURT OF MANIPUR AT IMPHAL

MC(CRIL. PETN.) No. 38 of 2024 [Ref. : Cril. Petn. No. 7 of 2022]

Central Bureau of Investigation, represented by its Director, Central Bureau of Investigation, CGO Complex, Lodhi Road, New Delhi – 110001.

… Applicant

- Versus –

¶1Shri Ningthoujam Roshan Singh, aged about 27 years, s/o Ningthoujam Premchand Singh, a permanent resident of Heirok Part – II, Mayai Leikai, P.O. & P.S. Heirok, Thoubal District, Manipur.

¶2Union of India, represented by Secretary of Home Department of the Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi – 110001.

¶3The State of Manipur, represented by Secretary / Commissioner

(Home), Government of Manipur, Secretariat Block, P.O. & P.S. Imphal, Imphal West District, Manipur – 795 001.

¶4The Director General of Police, Government of Manipur, Babupara P.O.& P.S. Imphal, Manipur – 795 001.

… Respondents

KHOIROM BIPINCHAN DRA SINGH Date: 2024.07.19 10:11:50 +05'30' P a g e 2 | 3

B E F O R E HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU

18.07.2024

[1]

Heard Mr. W. Darakishwor, learned senior PCCG appearing for the applicant and Mr. M. Gunedhor, learned counsel appearing for the respondents. [2]

Mr. W. Darakishwor, learned senior PCCG for the applicant submits that he filed the present application for extension of another 6 (six) months' time from the date of expiry i.e. 02.06.2024 for completion of investigation by Central Bureau of Investigation (CBI) in case no. RC 3(S)/2022-IMP relating to murder of Ningthoujam Rohit Singh. Further, the learned Sr. PCCG submits that vide order dated 29.07.2022 passed in Cril. Petition No. 6 of 2022, this Court directed to hand over the investigation of the case to CBI and in the order, it was directed by this Court as follows:

"The criminal petition is accordingly allowed, directing the CBI to take up the investigation in F.I.R. No. 34(12) 2021 HRK-PS, registered under Sections 458, 326, 302 & 34 IPC read with Section 25(1-C) of the Arms Act, 1959. The State authorities shall entrust all the case records pertaining to the said F.I.R. to the CBI forthwith and extend full cooperation in all respects to the CBI in the course of its investigation. The CBI shall endeavor to complete the investigation expeditiously and preferably, within 6 (six) months from the date of receipt of a copy of this order."

[3]

Mr. W. Darakishwor, learned senior PCCG submits that an application has been filed for extension of another 6 (six) months' time to complete the investigation. The same has been allowed by this Court for extension of another 6 (six) months' time w.e.f. 01.08.2023 to complete the investigation and file a proper report before the competent Court, vide order dated 07.08.2023 passed in M.C. (Cril. Petn.) No. 11 of 2023 as follows: "[7]

The application is allowed and CBI is given another 6

(six) months' time w.e.f. 01.08.2023 to complete the investigation and file a proper report before the competent Court."

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[4]

Mr. W. Darakishwor, learned senior PCCG, further, submits that vide order dated 09.02.2024 passed by this Court in M.C.(Cril. Petn.) No. 8 of 2024, extension of 4 (four) months' time was granted to the CBI for finishing the investigation. The relevant portion of the order is extracted herein below:

"Accordingly, the prayer for extension of 4 (four) months' time w.e.f. 01.02.2024 is allowed and it is directed to the learned Sr. PCCG for the applicant, to inform the authority that this given time of 4

(four) months will be utilized properly and to finish the investigation and submit the report without fail."

[5]

Moreover, after going through the present application filed by the learned Sr. PCCG and after perusing the Court's order, as reflected above and this Court is of the view that some time is required for the investigating authority to serve the purpose of both the parties. [6]

Accordingly, the prayer for extension of 4 (four) months' time w.e.f. 02.06.2024 is allowed and it is directed to the learned Sr. PCCG for the applicant, to inform the authority that this 4 (four) months will be utilized properly and to finish the investigation and submit the report without fail. [7]

The present application is disposed of. [8]

Furnish a copy of this order to the learned counsel appearing for both the parties.

JUDGE

Bipin