Manipur High Court
Sharma 13:30:18 +05'30' vs Mrs. Teresa @ Nengboi on 4 May, 2022
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SHAMUR Digitally signed
by
AILATPA SHAMURAILATP IN THE HIGH COURT OF MANIPUR
AM SUSHIL
M SHARMA
AT IMPHAL
SUSHIL Date:
2022.05.04 MC(GCA) No.1 of 2022
SHARMA 13:30:18 +05'30'
The State of Manipur represented by the Special Secretary
(Home), Government of Manipur.
...APPLICANT
-Versus-
1. Mrs. Teresa @ Nengboi, aged about 54 years, W/o (L)
Lenglenkhup Ngaihte of Moreh Ward No. 1, near
Gangam Ground, at present Mantripukhri Vaiphei Veng,
Imphal East, Manipur.
2. Mrs. Ester [email protected] Esthar, aged about 22 years,
W/o Paopu Ngaihte of Moreh Ward No. 1, near Gangam
Ground, at present Mantripukhri Vaiphei Veng, Manipur.
3. Mr. M. Lawrance Zou, aged about 50 years, S/o Lunhgin
Zou of Lamlong, Mantripukhri, Manipur.
4. Mr. Lhukhosei Zou @ Shesei Zou, aged about 51 years,
S/o (L) Lumzapou Zou of Moreh Ward No. 2, at present
VIP Quarter No.1, Lamphel, Manipur.
5. Mr. Sianzathang Zou, aged about 39 years, S/o (L)
Lumzapou Zou of Moreh Ward No. 2, Gamnon Veng,
Tengnoupal District, Manipur at present Mantripukhri
Lamlongei, Vaiphei Veng, Imphal East, Manipur.
6. Mrs. Niangkasuan Zou, aged about 35 years, W/o Mr.
Sianzathang Zou of Moreh Ward No. 2, Gamnon Veng,
MC(GCA) No. 1 of 2022
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Tengnoupal District, Manipur at present Mantripukhri
Lamlongei Vaiphei Veng, Imphal East, Manipur.
7. Mr. Pausuanlam Zou @ Paubwi @ Papao, aged about
31 years, S/o Ginzadal Zou of Moreh Ward No. 2, P.O. &
P.S. Moreh, Tengnoupal District, Manipur at present
Mantripukhri Lamlongei, Vaiphei Veng, Imphal East,
Manipur.
.... RESPONDENTS.
BEFORE
HON'BLE MR. JUSTICE M.V. MURALIDARAN
For the Applicant :: Mr. Athouba Khaidem, PP(HC)
For the Respondents :: NEMO
Date of Hearing and
reserving Judgment & Order :: 28.04.2022
Date of Judgment & Order :: 04.05.2022
JUDGMENT AND ORDER
(CAV)
This application has been filed by the applicant
State to condone the delay (if any) in filing the Government
Criminal Appeal against the judgment and order dated
17.12.2020 passed in Special Trial Case No.100 of 2018 on the
file of the Learned Special Judge (ND& PS), Lamphelpat, Imphal,
whereby acquitting accused Nos.1, 3, 5, 6, 9, 10 and 11.
MC(GCA) No. 1 of 2022
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1. Heard Mr. Athouba Khaidem, the learned Additional
Public Prosecutor appearing for the applicant and perused the
materials available on record.
2. The learned Additional Public Prosecutor submitted
that the State has preferred the appeal against the judgment and
order dated 17.12.2020 passed by the Special Judge (ND&PS),
Lamphelpat in Special Trial Case No.100 of 2018. He would
submit that after passing the judgment, the matter was entrusted
to the Additional Public Prosecutor for filing an appeal. Since the
certified copy of the judgment has not been handed over, the
learned Additional Public Prosecutor wrote a letter to the Special
Secretary (Home), Government of Manipur to furnish the certified
copy of the judgment and order.
3. He would further submit that there was lot of
correspondence exchanged between the Special Secretary
(Home), the Deputy Secretary (Home) and the Additional Public
Prosecutor for obtaining certified copies of deposition,
documents and 161 Cr.P.C. statements of witnesses and other
related documents. After obtaining the requisite copies, finally
the appeal papers were presented before this Court on
25.04.2022.
MC(GCA) No. 1 of 2022
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4. The learned Additional Public Prosecutor further
submitted that as per Article 114 of the Scheme of Limitation Act,
the limitation for filing appeal against the order of acquittal is 90
days and period of 90 days expires on 17.03.2021. He would
submit that in a suo-motu Writ Petition (C) No.3 of 2020, the
Hon'ble Apex Court excluded the period from 15.3.2020 till
28.2.2022 for the purpose of limitation. In the said order, the
Hon'ble Apex Court observed that notwithstanding the actual
balance of limitation remaining, all persons shall have a limitation
period of 90 days from 1.3.2022. Thus, according to him, the 90
days period expires of 30.5.2022. Since the appeal has been
preferred on 25.04.2022 well within the limitation pursuant to the
order of the Hon'ble Apex Court, the Court may condone the
delay and entertain the appeal. Therefore he prays to allow this
application and entertain the appeal.
5. This Court considered the submissions made by
learned Additional Public Prosecutor and perused the materials
available on record.
6. The judgment in Special Trial Case No.100 of 2018
was passed on 17.12.2020 against which the State filed an
appeal on 25.04.2022 by contending that in a suo-motu W.P.(C)
MC(GCA) No. 1 of 2022
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No.3 of 2020, the Hon'ble Apex Court, passed an order on
10.1.2022 directing that the period from 15.3.2020 till 28.02.2022
shall stand excluded for the purpose of limitation as may be
prescribed under any general or special laws in respect of all
judicial or quasi-judicial proceedings. The relevant portion of the
order dated 10.1.2022 reads as under:
"Taking into consideration the arguments advanced by
learned counsel and the impact of the surge of the virus
on public health and adversities faced by litigants in the
prevailing conditions, we deem it appropriate to
disposed of the M.A. No. 21 of 2022 with the following
directions:
I. The order dated 23.03.2020 is restored and in
continuation of the subsequent orders dated
08.03.2021, 27.04.2021 and 23.09.2021, it is directed
that the period from 15.03.2020 till 28.02.2022 shall
stand excluded for the purposes of limitation as may be
prescribed under any general or special laws in respect
of all judicial or quasi-judicial proceedings.
II. Consequently, the balance period of limitation
remaining as on 03.10.2021, if any, shall become
available with effect from 01.03.2022.
III. In cases where the limitation would have expired
during the period between 15.03.2020 till
28.02.2022, notwithstanding the actual balance
MC(GCA) No. 1 of 2022
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period of limitation remaining, all persons shall
have a limitation period of 90 days from 01.03.2022.
In the event the actual balance period of limitation
remaining, with effect from 01.03.2022 is greater
than 90 days, that longer period shall apply.
IV. It is further clarified that the period from
15.03.2020 till 28.02.2022 shall also stand excluded
in computing the periods prescribed under sections
23(4) and 29A of the Arbitration and Conciliation
Act, 1996, Section 12A of the Commercial Courts
Act, 2015 and provisos (b) and (c) of Section 138 of
the Negotiable Instruments Act 1881 and any other
laws, which prescribe period (s) of limitation for
instituting proceeding, outer limits (within which
the court or tribunal can condone delay) and
termination of proceedings"
[emphasis supplied]
7. On a reading of the judgment of the Hon'ble Apex
Court, it is clear that in cases where the limitation would have
expired during the period between 15.03.2020 till 28.02.2022,
notwithstanding the actual balance period of limitation remaining,
all persons shall have a limitation period of 90 days from
1.3.2022. In the event the actual balance period of limitation
remaining, with effect from 1.3.2022 is greater than 90 days, that
longer period shall apply.
MC(GCA) No. 1 of 2022
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8. The appeal against the judgment ought to have
been filed on 17.03.2021 and due to the outbreak of the Covid-
19 pandemic, the Hon'ble Apex Court excluded the period of
limitation from 15.3.2020 till 28.2.2022. The appeal has been filed
by the applicant State on 25.04.2022. Pursuant to the direction
of the Hon'ble Apex Court, if we calculate the 90 days period of
limitation, the limitation expires on 30.05.2022. Therefore, this
Court is of the view that when the period of limitation for filing an
appeal is calculated as per the judgment of the Hon'ble Apex
Court referred to supra, the appeal filed by the applicant State on
25.04.2022 is well within the period of limitation and only for
abundant caution; the applicant State has filed the instant
petition. Therefore, as far as the period of limitation for filing the
appeal against the order dated 17.12.2020 passed in Special
Trial Case No.100 of 2018 on the file of the Special Judge
(ND&PS), Lamphelpat is concerned, the same is well within the
period of limitation.
9. Though the applicant State has not shown much
importance in preferring the appeal by obtaining the certified
copies of judgment and order impugned and filed the appeal, in
view of the judgment of the Hon'ble Apex Court excluding the
period of limitation from 15.03.2020 to 28.02.2022, the
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genuineness of the averments set out in the application cannot
be gone into.
10. Accordingly, the condone delay application in
preferring the appeal against the judgment dated 17.12.2020
passed in Special Trial Case No.100 of 2018 on the file of Special
Judge (ND&PS), Lamphelpat, Imphal, is allowed and the
Registry is directed to number the appeal, if it is otherwise in
order and post the same for admission.
JUDGE
FR/NFR
Sushil
MC(GCA) No. 1 of 2022
