Central Bureau Of Investigation vs Sh Tuanzakhup
2026 Latest Caselaw 452 Mani

Manipur High Court

Central Bureau Of Investigation vs Sh Tuanzakhup on 7 February, 2026

Author: A.Guneshwar Sharma

Bench: A.Guneshwar Sharma

                                              Suppl -1 (1-2)
                  IN THE HIGH COURT OF MANIPUR
                            AT IMPHAL


Cril Petn No.14 of 2026 with
MC (Cril Petn) No.11 of 2026


Central Bureau of Investigation          ... Petitioner

                                  -Versus-

Sh Tuanzakhup                            ... Respondents

BEFORE HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA 7.2.2026 This matter is taken up on mention as unlisted item as supplementary-1 due to urgency involved in the present case.

[2] Heard Mr.W.Darakeshwar, learned Spl PP for CBI.

[3] By the present petition under Section 528 of the BNSS, 2023, the petitioner/CBI has challenged the impugned order dated 5.2.2026 passed by the learned Sessions Judge, Churachandpur, in Cril Misc (Anticipatory Bail) Case No.1 of 2026 whereby the respondent herein, is granted ad interim anticipatory bail for 15 days w.e.f. 5.2.2026 to 19.2.2026 with certain conditions.

[4] Learned Spl PP for CBI submits that FIR No.RC0212026A0002 dated 3.2.2026 has been registered by CBI ACB, Imphal having jurisdiction over the States of Manipur, Mizoram & Nagaland under Sections 7 of the PC Act 1988 13(2) r/w 13(1)(a) of PC Act 1988 and Section 120 B r/w 409 IPC and the place of occurrence is given as District, Champhai, Mizoram. [5] The respondent herein is one of the accused along with other two named persons and other unknown persons. Learned Spl Judge, PC Act, Mizoram, Aizawl issued search warrant dated 4.2.2026 for searching the residence of respondent herein, who was Superintendent, Custom Preventive Force, Champhai (now retired) at Church Road, Vengnuam, New Lamka, Churachandpur, Manipur. It is stated that on 5.2.2026 search was conducted at the residence of the respondent herein. Vide order dated 5.2.2026 passed by the learned Sessions Judge, Churachandpur in Cril Misc (Anticipatory Bail) Case No.1 of 2026, without serving copy to the petitioner or to the prosecution, ad interim anticipatory bail for 15 days was granted. It is submitted that the place of occurrence is at District Champhai, Mizoram and the Court of learned Sessions Judge, Churachandpur does not have any territorial jurisdiction for entertaining the regular anticipatory bail under Section 482 of the BNSS.

It is stated that at the most, learned Sessions Judge can entertain an application for transit interim anticipatory bail so as to enable the respondent/accused to approach the jurisdictional court seeking relief as per law.

[6] Mr.W.Darakwshwar, learned Spl PP for CBI refers to the decision of the Hon'ble Supreme Court in the case of Priya Indoria Vs State of Karnataka: (2024) 4 SCC 749 wherein the Hon'ble Supreme Court laid down the principles that High Court and Sessions Court can entertain application for transit interim anticipatory bail so that the accused may approach jurisdictional court for regular anticipatory bail. For passing transit interim anticipatory bail also, Court has to satisfy that there is reasonable ground for passing such order after due notice to the Investigating authority/Prosecution.

[7] It is submitted that the impugned order is in violation of the law laid down in Priya Indoria case (supra) as the same was passed without any jurisdiction and consideration of relevant materials. It is submitted that the same may be stayed during pendency of the present petition as it is illegal and void ab initio.

It is also clarified that Spl Court (PC), Aizawl, has already issued search warrant and CBI issued notice to the respondent for appearance before the Investigating Officer on 9.2.2025 at CBI, ACB, Aizawl Unit, Mizoram, vide notice dated 5.2.2026.

[8] Issue Notice to the sole respondent and petitioner is directed to take steps by dasti and file affidavit for proof of service.

[9] From perusal of the impugned order and materials on record, it is seen that the learned Sessions Judge, Churachandpur seems to lack territorial jurisdiction to entertain regular anticipatory bail under Section 482 BNSS in terms of the law laid down in Priya Indoria case (supra). In the circumstance, order dated 5.2.2026 is stayed till the next date.

In the nature of the allegation against the accused/respondent (now retired), no coercive action shall be taken against him till the next date. However, he shall cooperate with the investigation. It is clarified that there is no stay on the ongoing investigation done by the CBI.

[10] Furnish a copy of this order to learned Spl Counsel for the CBI in the course of the day by WhatsApp or any other available means.

List on 19.2.2026

JUDGE

Priyojit

RAJKUMA Digitally signed by RAJKUMAR R PRIYOJIT PRIYOJIT SINGH Date: 2026.02.07 SINGH 15:26:40 +05'30'