Central Bureau of Investigation v. Khumanthem Nagor Singh and 2 Others

MC [W.P. (C)] No. 240 of 2023

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Item No. 3 IN THE HIGH COURT OF MANIPUR AT IMPHAL

MC [W.P. (C)] No. 240 of 2023 [Ref: W.P. (C) No. 496 of 2019 (disposed case)]

Central Bureau of Investigation Applicant Vs. Khumanthem Nagor Singh; & Ors. Respondents BEFORE HON'BLE THE ACTING CHIEF JUSTICE MR. MV MURALIDARAN HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

16.09.2023 Acting C.J. :

Heard Mr. W. Darakeshwar, learned Sr. PCCG, appearing for the applicant. This Court by order dated 21.07.2022 passed in W.P. (C) No. 496 of 2019 directed the CBI to complete the investigation within a period of six months. Para 17 reads as follows :- "[17] The CBI shall commence investigation upon receipt of the records pertaining to FIR No. 9(3)2004 Patsoi Police Station, from the State police and complete the investigation within six months from the date of receipt of such records. All measures shall be taken up by the CBI to ascertain the whereabouts of the persons concerned and the Union of India, though not a party, is directed to extend full cooperation to the CBI in this regard."

After passing the order in the above writ petition, the applicant has filed an application earlier in MC [W.P. (C)] No. 80 of 2023 seeking for extension of further time of six months. Considering the request made by the applicant, on

14.03.2023, this Court allowed the application and extended time for a further period of six months and directed the applicant to complete the investigation as ordered by this Court in the above writ petition. KABORAM BAM SANDEEP SINGH by KABORAMBAM SANDEEP SINGH Date: 2023.09.16 13:13:28 +05'30'

MC [W.P. (C)] No. 240 of 2023

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Now, the applicant has again filed the present miscellaneous application for extension of time on the ground that because of the present law and order situation in the State of Manipur, the applicant is unable to complete the investigation. Another reason set out in para 23 of the application reads as follows:- "23. That, the investigation of the case is still to be conducted to attend the following points:

(i) To ascertain from the concerned Army authorities regarding present place of posting and permanent addresses of Major AK Singh, Maj. Girish Nair and 2 others namely Shri Nabab Singh Bundela and Shri Sunil Singh all of 19 Rajput Rifles who were allegedly involved in killing the deceased and to interrogate them thoroughly and to subject them scientific tests, if required.

(ii) To trace out the two video cassettes of Post Mortem from officials of P.S. Sekmai.

(iii) To take expert opinion of Post Mortem Report from Medical Board, if required."

Therefore, Mr. W. Darakeshwar, learned Sr. PCCG, appearing for the applicant, seeks for further extension of six months time to complete the investigation. Considering the nature of request made by the learned Sr. PCCG, appearing for the applicant, we are inclined to extend further period of six months as a last chance to complete the investigation as ordered by this Court in W.P. (C) No. 496 of 2019. With this observation, this miscellaneous application is allowed.

JUDGE

ACTING CHIEF JUSTICE Sandeep