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2022 Supreme(Manipur) 125

SANJAY KUMAR
Thokchom Kaminimohan Singh – Appellant
Versus
Superintendent of Police, Kakching District, Manipur – Respondent


Advocates appeared:
Mr. H.Ishwarlal, Sr.Advocate, with Mr. Syed Murtaza Ahmed, Advocate., for the Applicants in MC(Cril.Petn.) No.28/2022; Mr. N.Ibotombi Singh, Sr.Advocate, with Ms. N. Savitri, Advocate., for the Applicant in MC(Cril.Petn.) No.31/2022; Mr. Rarry Mangsatabam, Advocate., for the Main Respondent in the cases

JUDGMENT

1. Criminal Petition No.30 of 2022 was filed by the Superintendent of Police, Kakching District, Manipur, under Section 439(2) Cr.P.C., seeking cancellation of the anticipatory bail granted by the learned Sessions Judge, Imphal East (Special Judge, Lokayukta, Manipur), to the respondents in the criminal petition, vide order dated 08.06.2022 passed in Cril. Misc. (AB) Case No.5 of 22 (Ref: - FIR No.4(2) 2022 CB-PS under Section 120-B/34 IPC & Sections 7(b)/13 PC Act).

2. While so, respondents No.2 and 3 in Criminal Petition No. 30 of 2022 filed M.C. (Cril.Petn.) No.28 of 2022 and respondent No.1 therein filed M.C.(Cril.Petn.) No.31 of 2022 seeking dismissal of the criminal petition alleging that it was not maintainable as Mr. Rarry Mangsatabam, the conducting counsel, was not a Public Prosecutor and was not competent to file and argue the criminal petition before this Court in the light of Sections 24 and 302 Cr.P.C.

3. Heard Mr. H.Ishwarlal, learned senior counsel, assisted by Mr. Syed Murtaza Ahmed, learned counsel, for the applicants in M.C.(Cril.Petn.) No.28 of 2022; Mr. N.Ibotombi, learned senior counsel, assisted by Ms. N.Savitri, learned counsel, for the applicant in M.

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