Manipur High Court
Sh Narinder Paul & 16 Ors vs Central Bureau Investigation (Cbi) & 2 … on 3 August, 2026
Digitally signed by
JOHN JOHN TELEN KOM
TELEN KOM Date: 2026.08.03
17:41:52 +05'30'
Sl. No.11 & 12
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cril.Petn. No.73 of 2025 With
MC(Cril.Petn)No.52 of 2025
SH Narinder Paul & 16 Ors.
...Petitioners
Vs.
Central Bureau Investigation (CBI) & 2 Ors.
...Respondents
BEFORE
HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH
(ORDER)
(Order of the Court was made by Mr. M. Sundar, CJ)
03.08.2026.
[1] Captioned main criminal petition has been presented in this Court
inter alia under Section 528 of BNSS, 2023 (Bharatiya Nagarik Suraksha
Sanhita, 2023) {46 of 2023} with a prayer to quash a ‘committal order dated
28.10.2025 made by the court of Chief Judicial Magistrate (CJM), Imphal West
in Cril. Misc. FR Case No.632 of 2020’ [‘impugned order’ for the sake of
convenience] primarily on the ground that mandatory bar under Section 197 of
erstwhile Code of Criminal Procedure, 1973 (CrPC) and section 6 of AFSPA {the
Armed Forces (Special Powers) Act, 1958} {28 of 1958} have been overlooked.
[2] To be noted, 17(seventeen) serving CRPF (Central Reserved
Police Force) personnel are petitioners. Mr. S. Biswajit, learned senior advocate
instructed by Mr. Boboy Potsangbam, and assisted by learned counsel Mr. W.
Sanatomba, on behalf of 17(seventeen) petitioners is before this Court. On the
side of respondents, Mr. W. Darakeshwar, learned Sr. PCCG (Senior Panel
Counsel for Central Government) for respondent No.1 (CBI-Central Bureau
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Investigation), Mr. W. Niranjit, learned State counsel led by Mr. H. Samarjit,
learned senior advocate for State of Manipur (respondent No.2) and Mr. Angshil
Kohai, learned counsel on record for respondent No.3 (EEVFAM-Extra Judicial
Executions Victims Families Association, Manipur) are before this Court.
[3] It comes to light that the captioned quash petition was listed before
Hon’ble Single Bench and Hon’ble Single Bench presided by brother Hon’ble Mr.
Justice Ahanthem Bimol Singh made a judicial order on 22.06.2026 and scanned
reproduction of the same is as follows:
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[4] Pursuant to the afore-referred judicial order, captioned matter was
placed before Chief Justice on the administrative side and Chief Justice by an
order dated 24.06.2026 made on the administrative side permitted listing of
captioned matter before Division Bench.
[5] Today, all the afore-referred learned counsel and learned senior
counsel submit in one voice in unison that they have no objection in the Division
Bench taking up the captioned criminal petition i.e., quash petition. To be noted,Page 3 of 5
they in fact request for a hearing before Division Bench and also made a
common request for tagging captioned matter with criminal petition No.47 of
2022 together with Cril.Petn.No.3 of 2023 with Cril.Petn.No.5 of 2023 with Cril.
Ref. No. 1 of 2021 with MC(Cril.Petn.)No.10 of 2024 which is scheduled to be
listed tomorrow i.e., 04.08.2026.
[6] Be that as it may, pursuant to the impugned order made by learned
CJM, case has been taken on file by the court of learned District and Sessions
Judge, Imphal West as ST Case No.07 of 2025 and in the last listing on
29.06.2026, the following proceedings have been made:
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[7] Mr. S. Biswajit, learned senior counsel, adverting to the aforesaid
proceedings submits that Sessions court proceeding further with the matter
when this Court (High Court) is seized of the question as to whether statutory
bar under Section 197 of erstwhile Cr. P.C. and section 6 of AFSPA have been
overlooked can lead to anomalies and irreversible situation.
[8] As regards the counsel for respondents, they also submitted in one
voice that it would be desirable that Sessions court awaits the order of this Court.
In this view of the matter and in the light of interim prayer vide captioned
MC(Cril.Petn) No.52 of 2025, we direct the learned presiding officer of the court
of District and Sessions Judge, Imphal West to adjourn the afore-referred ST
Case No.7 of 2025 (adjourn when the matter is taken up on 06.08.2026) to any
date after two months i.e., after 06.10.2026 and await further orders of this Court.
[9] In the light of consensus between the counsel, captioned matters
are now tagged with No.47 of 2022 together with Cril.Petn.No.3 of 2023 with
Cril.Petn.No.5 of 2023 with Cril. Ref. No. 1 of 2021 with MC(Cril.Petn.)No.10 of
2024.
[10] List the captioned matters tomorrow along with the tagged matters
(to be noted, this Court is informed that tagged matters are scheduled to be listed
tomorrow).
[11] List all matters under the same cause list caption ‘HEARING’ on
04.08.2026 (tomorrow).
[12] List on 04.08.2026.
JUDGE CHIEF JUSTICE
John Kom
P.S. I : Upload forthwith
P.S. II : All concerned will stand bound by web copy uploaded in High Court website
inter-alia as the same is QR coded.
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