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2010 Supreme(SC) 397

B. S. CHAUHAN, K. G. BALAKRISHNAN, DEEPAK VERMA
Central Bureau of Investigation (C. B. I. ) – Appellant
Versus
Hopeson Ningshen – Respondent


ORDER

1.The Central Bureau of Investigation [Hereinafter ‘CBI’] has approached this Court by way of Transfer Petition (Criminal) No. 219-220 of 2009 as contemplated under Section 406 of the Code of Criminal Procedure [Hereinafter ‘CrPC’], seeking transfer of cases RC IMPH 2009/S0002 and RC IMPH 2009/S0003, both dated 02-04-09, from the Court of the Chief Judicial Magistrate, Ukhrul, Manipur to a competent Criminal court in Delhi.

2.In these cases, the respondent has been accused of the kidnapping and murder of three government employees in the State of Manipur. It would be useful to provide an overview of the fact-situation leading up to the present litigation. On 13-2- 2009, Dr. Thingnam Kishan Singh (S.D.O., Kasom Khullen, Distt. Ukhrul) along with five staff members was abducted by militants while on their way from Ukhrul to Kasom Khullen. On 14-2-2009, three of the abducted persons, namely Sh. Ram Singh Siro, Sh. Ramthing Singlai and Sh. Kapangkhui Jajo were released. Following this, a case bearing FIR No. 8(2)/2009 was registered under Sections 365, 368 and 34 of the IPC at the Ukhrul Police Station in respect of the missing persons. However, on 17-2-2009, dead bodies of Dr. Thi























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