Manipur High Court
Leila @ Fajitun vs State Of Manipur And Anr on 31 March, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
OINAM Digitally
signed by
Item no. 3
THOIB OINAM
THOIBA MEITEI IN THE HIGH COURT OF MANIPUR
A Date:
2026.03.31 AT IMPHAL
17:19:35
MEITEI +05'30' Crl. Rev. P. No. 9 of 2026
Leila @ Fajitun
.... Petitioner
- Versus -
State of Manipur and Anr.
.... Respondents
B E F O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
31.03.2026
[1] Heard Mrs. G. Pushpa, learned counsel along with Ms. Th. Ranjita,
learned counsel appearing on behalf of the petitioner.
[2] The petitioner is an accused in Special Trial Case No. 16 of 2025
which is pending before the Ld. Special Court (ND&PS), Manipur in connection
with FIR No. 10(01)2020 PRT-PS u/s 21(b)/22(b) ND&PS Act, 1985 along with
another accused. It is submitted that vide order dated 11.03.2026 in Special Trial
Case No. 16 of 2025, the Ld. Judge, Special Court (ND&PS), Manipur framed
charges under Sections 8(c), 21(b) & 22(b) of the ND & PS Act against the
petitioner and another. Accused no. 1 pleaded guilty and the Ld. Special Court
fixed the matter on 16.03.2026 and again on 01.04.2026 (tomorrow) for hearing
on sentence. It is also submitted that accused no. 2, Md. Sabir Khan @ Somi did
not plead guilty and he claimed to be tried and trial is pending with respect to
accused no. 2.
[3] On 16.03.2026, the petitioner filed an application being Cril. Misc.
Case No. 67 of 2026 under Section 229 of Cr.P.C., 1973/ Section 252 of BNSS,
2023 to retract the plead guilty made on 11.03.2026 and she may be permitted
to contest the matter on merit. It is stated in the application that the petitioner,
being illiterate, does not know the legal implications and under the bonafide
mistake plead guilty was made so that she may be pardoned as the alleged
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contrabands are of intermediate moderate quantity. Vide order dated 23.03.2026
in Cril. Misc. Case No. 67 of 2026, the Ld. Special Court dismissed the application
for retraction of the plead guilty on the ground that the Special Court does not
have power for recalling/reviewing the earlier order passed by it. The Ld. Special
Judge while dismissing the application for retraction of plead guilty observed that
decision of Gauhati High Court in the case of “Samanugba vs. State of
Nagaland, 2024 Legal Eagle (GHC) (Gau) 156” will not be applicable to the
Ld. Special Court, ND & PS.
[4] Ms. G. Pushpa, learned counsel for the petitioner submits that on
merit the petitioner has a good case to contest in the trial and the matter is listed
before the Special Court for hearing on sentence on 01.04.2026 (tomorrow). It
is also further stated that if the proceeding of the Special Trial Case No. 16 of
2025 is not stayed during the pendency of the present revision petition, the very
purpose of filing the same will be frustrated.
[5] Issue notice to the main revision petition as well as application for
interim relief.
[6] Mr. L. Somorendro Roy, learned jr. Govt. counsel assisting Mr. H.
Samarjit, learned PP accept notice on behalf of all respondents. Hence, service
is complete on the respondents. The learned PP prays for 3(three) week’s time
for filing counter affidavit.
[7] This Court is of the opinion that if the sentence hearing is
proceeded in Special Trial Case No. 16 of 2025, the very purpose of filing the
present criminal revision petition will be frustrated. In the circumstances, without
expressing any opinion on the merit of the case, the proceeding in Special Trial
Case No. 16 of 2025 is suspended till the next date.
[8] Registry is directed to call for photo copy or scan copy record of
the Special Trial Case No. 16 of 2025 along with connected applications from the
Court of Ld. Special Judge (ND&PS), Manipur at Lamphelpat.
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[9] Send a copy of this order to the Ld. Special Judge (ND&PS),
Manipur, Lamphelpat for information.
[10] List this case on 22.04.2026.
JUDGE
Thoiba
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