Ngangbam Thoi Thoi Singh v. State of Manipur and 2 Others

O R D E R 19-08-2024 Siddharth Mridul (C.J.), Heard Mr. Ng. Jagatchandra, learned counsel appearing on behalf of petitioner and Mr. R.K. Umakanta, learned Public Prosecutor appearing on behalf of the respondents. The present writ petition has been instituted on behalf of the petitioner praying as follows:— "In view of the premises as stated above, your humble petitioner prays before Your Lordship as hereunder:–

i) to issue a writ in the nature of Habeas Corpus or any other appropriate writ directing the concerned respondents to produce the friend of the petitioner/the potential arrestee, Shri Lakshmanan S/o (L) Shri Markandan, a resident of 68, 3rd Floor Angapan Naiken Street, Chennai, Tamil Nadu – 600001, at the earliest.

ii) to pass such order necessary order or orders as Your Lordship deem fit and proper in the circumstances of the case." It is an admitted position that Shri Lakshmanan, who is the subject matter of the present habeas corpus petition, has been enlarged on bail by the Chief Judicial Magistrate, Imphal West, Manipur in FIR No. 391 (07) 2024 Imphal-PS, U/S 316(5)/318(4) BNS vide order dated 03-08-2024. Mr. R.K. Umakanta, learned Public Prosecutor, has handed over in Court today a copy of the release order dated 03-08-2024 which records as follows:— " O R D E R (extract copy)

03.08.2024 The accused person furnished necessary bonds. Surety is furnished by M.M. Jalaluddin and he is identified by N. Suresh, advocate. Checked, found correct and accepted. Release the accused person. Fix on 05.08.24 for appearance of the accused person. Sd/- CJM/IW Late, the accused person came inside the chamber and submitted that he be released and wanted to take shelter at his friend's residence (Deepak Kumar @ Dipu) and did not want to go with the complainant. Dipu @ Deepak Kumar is also present and undertakes to live with the accused and that the accused shall not leave the State without prior permission of the Court. Sd/- CJM/IW" It is the petitioner's asseveration that Shri Lakshmanan is inaccessible currently and they suspect that he is being confined against his will. The learned Public Prosecutor appearing on behalf of the respondents states that Shri Lakshmanan is not in police custody. In view of the foregoing, the learned counsel appearing on behalf of the petitioner seeks leave to withdraw this petition with liberty to initiate appropriate action in accordance with law before the appropriate authority. Leave and liberty granted. The writ petition is dismissed and disposed of accordingly.

JUDGE CHIEF JUSTICE Victoria NINGOM BAM VICTORIA by NINGOMBAM VICTORIA Date: 2024.08.20 15:03:31 +05'30'

DB Item No. 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL Ngangbam Thoi Thoi Singh. …Petitioner - Versus - State of Manipur & 2 Ors. …Respondents B E F O R E HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI