The Manipur High Court quashed an FIR against MLA Kh Joykishan and three other persons, after a period of 27 years as all original documents and records related with the case were found missing.
The HC stated that all the original documents and records went missing and there is a delay of 27 years without any explanation. The records have been missing since 2002.
In such circumstances, the HC considered that keeping the FIR further will be nothing more than harassment to the MLA. Since the complete case records has been missing for more than 11 long years without any possibility of being traced, the FIR No. 07(01)1996 IPS under Sections 121/121-A IPC and Section 13 UAP Act and all incidental proceedings against the MLA and other co-accused persons were quashed.
The High Court observed that a bare examination of the FIR does not reveal any cognisable offence against the petitioner.
In 1996, a police team with a party of RAPF carried out a raid at the house of one Laimayum Nabakishwar Sharma of Mahabali, Imphal East, during which Joykishan and four other persons were arrested.
The arrested persons are self styled secretary (Home) and incharge of finance of the proscribed PREPAK Ningombam Nabachandra Singh alias Nabamacha, 35, son of N Iboyaima Singh of Thangmeiband Lourung Purel Leikai; Khumukcham Kisan alias Joykisan Singh, 32, son of Kh Ingocha Singh of Khoyathong Polem Leikai, Laimayum Indrajit Sharma, 26, son of L Imo Sharma of Loklaobung and Laimayum Nabakishwor Sharma, 27, son of L Nodia Sharma of Mahabali Mamang Leikai.
The OC Imphal Police Station registered a regular case under FIR. No.7 (1) 1996 IPS U/S 121/121-A, 13 UA (P) Act against them.
Joykishan approached the HC with a prayer of quashing the FIR against him in the year 2022.
His counsel submitted that the authority could not file a charge sheet U/S 173 of Cr.P.C. against him before the concerned Court till date, even after 26 years of lodging the FIR.
After the registration of the FIR and in the investigation done so far till date, the investigating officer could not collect sufficient materials in support of the accusation made in the FIR.
Before the HC on 31, 1, 2022, the Superintendent of Police, Imphal West District, Manipur furnished the required report, required documents and submitted present case status and certified copies of FIRs.
Imphal PS OC submitted the entire case records of the FIR Case No. 7(1)1996 IPS u/s 121/121-A IPC & UA(P) Act, following the prima facie established against the four accused persons to the Superintendent of Police, Imphal West for taking prosecution sanction of the accused persons from the competent authority under section 10/13/UA(P) Act.
The Superintendent of Police, Imphal West forwarded the entire case records to the Superintendent of Police, CID (Crime Branch), Manipur under M/No. 7/12/SP-IW/2002 dated 25-06-2002.
The Superintendent of Police, CID (Crime Branch), Manipur forwarded the same records to the state Special Secretary (Home) under M/No. 14/3(9)2002(CB) dated 14-10-2002 for the same purpose.
The entire case records including a proposed charge sheet, original FIR with OE, seized original demand letters of PREPAK (101 pages), the entire case diaries including carbon copies, original seizure memo with carbon copies, statement of the PWs examined, interrogation statements of the accused persons, prayer report to the concerned ‘Magistrate for remanding to police custody and for remanding to judicial custody were sent to the Home Department, government of Manipur.
Hence, no documents except for the FIR copy in the book are available for the re-investigation.
The High Court after considering the relevant judgement and laws opined that keeping the FIR further will be nothing but harassment to the petitioner. So, the complete case record is missing for more than 11 long years without any possibility of being traced, therefore the FIR and proceedings are quashed against the petitioner and other co-accused persons.