[Cites 2, Cited by 0]
Manipur High Court
Naorem Shanti Devi vs Sanasam Basantakumar Meitei & Anr on 2 February, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 3-4
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cril.Petn. No. 11 of 2026 with
MC(Cril.Petn.) No. 9 of 2026
Naorem Shanti Devi
.....Petitioner/s
- Versus -
Sanasam Basantakumar Meitei & Anr.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
02.02.2026
[1] Heard Mr. M. Munindro, learned counsel for the
petitioner.
[2] By the present petition under Section 482 of Cr.P.C./582
of BNSS, the petitioner is challenging the impugned order dated
17.11.2025 passed by the Ld. Chief Judicial Magistrate (CJM), Imphal
West in Cril.Misc.Case No. 381 of 2025 [Ref: Cril.(C) Case No. 80 of
2019].
[3] By the impugned order dated 17.11.2025, Ld. CJM,
Imphal West rejected the application filed by the petitioner/complainant
for recalling PW No. 1 under Section 311 Cr.P.C. Examination of PW
No. 1 (complainant) was closed on 09.09.2025. However, due to
inadvertence, original copy of apology dated 20.05.2019 by respondent
No. 1 and newspaper report dated 19.08.2019 Imphal free press could
not be filed and only photocopy of the same were filed.
[4] Since the documents are essential for determining the
complaint filed by the petitioner against the respondents, the
application under Section 311 of Cr.P.C. was made. However, by the
impugned order, without considering the provisions of Section 311 of
Cr.P.C, the application was rejected and it is submitted that PW
exmination has been closed, accused has already been examined and
they are not producing any defence witnesses in their favour and it is
fixed for final hearing on 03.02.2026.
[5] Mr. M. Munindro, learned counsel for the petitioner,
submits that if the proceedings of Cril.(C) Case No. 80 of 2019 is not
stayed and the matter is heard on merit and disposed of, the very
purpose of filing the present petition will be frustrated and it is prayed
that till the disposal of the present application, further proceeding of
Cril.(C) Case No. 80 of 2019 before the Ld. CJM may be stayed.
[6] Issue notice to the respondents.
[7] Petitioner is directed to take step by speed post within
one week and file affidavit of proof of service.
[8] Generally, Court is slow in staying the proceedings
before the Criminal Court. However, in the present case, since the
matter is fixed for tomorrow i.e. 03.02.2026 for final hearing and if the
matter is proceeded, the very purpose of filing the present petition will
be frustrated. In the circumstances, without expressing any opinion on
the merit of the case, the proceedings of Cril.(C) Case No. 80 of 2019
pending before the Ld. CJM, Imphal West is kept in suspension till the
next date.
[9] List this case on 23.02.2026.
[10] Registry is directed to send a copy of this order to the Ld.
CJM, Imphal West for information.
JUDGE
Kh. Joshua Maring
KH. Digitally signed
by KH. JOSHUA
JOSHUA MARING
Date: 2026.02.02
MARING 16:06:24 +05'30'
