State Of Manipur vs Laishram Ibomcha Meitei
2024 Latest Caselaw 408 Mani

Manipur High Court

State Of Manipur vs Laishram Ibomcha Meitei on 3 September, 2024

KABORAMBA Digitally
          KABORAMBAM
                    signed by

M SANDEEP SANDEEP SINGH
          Date: 2024.09.05
SINGH     18:37:59 +05'30'
                                                                                             Item No. 35
                                        IN THE HIGH COURT OF MANIPUR
                                                  AT IMPHAL
                                               MC (GCA) No. 2 of 2024
                            State of Manipur
                                                                                           Applicant
                                                       Vs.
                            Laishram Ibomcha Meitei
                                                                                        Respondent
                                            BEFORE
                      HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
                      HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
                                                       ORDER

03.09.2024 Siddharth Mridul, C.J.:

Mr. Athouba Khaidem, learned Government Advocate, appears

on behalf of the applicant; and Mr. Ch. Bimolchandra, learned counsel,

appears on behalf of the respondent.

The present application has been instituted on behalf of the State of Manipur, the applicant, praying as follows:

"In the premises stated above, your Lordship may graciously be pleased to consider the reasons and circumstances stated above as sufficient grounds for condoning the unintentional and bona-fide delay of 318 days in filing the accompanying Govt. Criminal Appeal."

At the outset, it is observed that the present appeal assails the

judgment and order dated 20.01.2023, whereby the respondent was

acquitted of charges framed against him for the commission of offence under

Sections 376 IPC & 302 IPC.

Despite opportunities, no affidavit-in-objection has been filed by

the respondent. However, it is asserted on behalf of the respondent that the

State of Manipur, the applicant herein, has been unable to demonstrate

sufficient cause for condoning the delay.

MC (GCA) No. 2 of 2024 Page 1 Having heard the learned counsel appearing on behalf of the

parties and in terms of the decision of the Hon'ble Supreme Court in State

(NCT OF DELHI) Vrs. Ahmed Jaan, reported as (2008) 14 SCC 582 and

in particular paragraph 13 thereof; as well as the decision of the 3(three)

Judge Bench of the Hon'ble Supreme Court in State of Manipur & ors. Vrs.

Koting Lamkang, reported as (2019) 10 SCC 408 and in particular

paragraph 8 thereof; since the proceedings instituted on behalf of the State

are not personal to its officers and the paramount consideration is that

institutional interest ought not to suffer by resorting to technicalities of delay

to defeat hearing on merits; the delay of 318 days in filing the accompanying

Govt. criminal appeal is condoned.

The present application filed for condonation of delay is allowed

and accordingly disposed of.

Registry is directed to number the appeal, if it is otherwise found

to be in order, and list the same for admission.

                      JUDGE                               CHIEF JUSTICE
Sandeep




MC (GCA) No. 2 of 2024                                                     Page 2