KHOIROM Digitally signed by IN THE HIGH COURT OF MANIPUR KHOIROM BIPINCHAND BIPINCHANDRA SINGH Date: 2025.01.07 AT IMPHAL RA SINGH 12:26:28 +05'30'

AB No. 52 of 2024 Naorem Priyobarta Singh, aged about 36 years, S/o Naorem Purniam Singh of Kakching Wairi Sabal Leikai, P.O. & P.S. Kakching, Kakching District, Manipur –

795103.

…Petitioner - Versus –

Officer in Charge, Kakching Police Station, Kakching District, Manipur. …Respondent BEFORE HON’BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU For the petitioner : Md. Ajmal Hussain, Advocate For the respondent : Mr. M. Rarry, Senior Advocate Date of hearing : 27.12.2024.

Date of judgment & order : 07.01.2025 JUDGMENT & ORDER (CAV)

[1] Heard Md. Ajmal Hussain, learned counsel appearing for the petitioner and Mr. M. Rarry, learned Sr. counsel appearing for the respondent at length.

[2] The present case has been filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [in the synopsis, the present application is filed under Section 438 of Cr.P.C. But, in the first page of the application, it was mentioned that the present application is filed under Section 482 of BNSS. But, at Para no. 2 of the application, it was mentioned that the AB application is filed under Section 438 of the Cr.P.C.]

praying for;

i) To admit the present application;

ii) Call for the records;

iii) After hearing the parties grant pre-arrest bail or anticipatory bail to the applicant u/s 482 of Cr.P.C. in connection with FIR No. 66(07)2023 KCG PS U/s 147/148/149/152/188/307/332/341/342/427/506/511/

34 IPC for the ends of justice.

AND IN THE INTERIM, Pass an interim order directing the respondent/the arresting authority to release the applicant forthwith on bail in the event of his arrest in connection with the above referred FIR No. 66(07)2023 KCG PS U/s

147/148/149/152/188/307/332/341/342/

427/506/511/34 IPC during the pendency of this application for the ends of justice and to protect the rule of law.

[3] The case of the petitioner is that on 19.07.2023, group of bikers organized a bike rally from Kakching towards Moirang in violations of the District Magistrate Kakching thereby causing damage to the property. The said bike rally was organized by a group called Langsai Thouna, a group based in Kakching. In connection with the said incident, the Kakching Police Station registered FIR No. 66(07)2023 KCG PS U/s 147/148/149/152/188/307/332/341/342/ 427/506/511/34 IPC and section 3 of Prevention of Damage of Public Property Act, 1984 against the volunteers of Langsai Thouna. However, the name of the petitioner is not mentioned anywhere in the said FIR and the same was not being investigated for the last more than 1 and half year.

[4] It is further submitted that the personnel of Kakching Police Station have been regularly visiting the residence of the petitioner with an intention to cause harassment to the petitioner and arrest him in connection with the said FIR case without issuing any summons or warrant. It is also submitted that under section 35(3) of BNSS, 2023 notice of appearance before a police officer is to be given to a person against whom a reasonable complaint has been made but the act of the personnel of Kakching Police Station clearly violate the relevant provisions of the Act i.e. BNSS, 2023. It is also submitted that due to the peculiar situation in the State of Manipur for the last more than one and half years, public protest against the State Government and Central Government were frequently organized where almost all the public are involved including the present applicant but Kakching Police selectively target the applicant and his family. Further, it is submitted that the action of the police amounts to abuse of power since there is no material evidence or any incriminating material against the petitioner.

[5] It is submitted that the report was with distorted facts since the route for bikers rally was upon the agreed routes wherein the Superintendent of Police, Kakching himself contributed a handsome amount