Court dismisses discharge plea
Source: The Sangai Express

Imphal, July 12 2019: The Court of Special Judge CBI/SIT Imphal East today dismissed a petition filed by Sub Inspector Md Anwar Hussain which prayed the Court to drop and discharge him from a special trial case (No 2 of 2019) pertaining to alleged fake encounter/ extra judicial killing of Soram Ranjit at Hatta Golapati on February 16, 2008.After hearing the petition on June 26, the Court passed an order today dismissing the petition.

On December 6 last year, CBI/ SIT had submitted a charge sheet against the accused/applicant then Constable Md Anwar Hussain of Lilong Turel Ahanbi and three others after completion of due investigation by IO Bibek Ranjan Roy of CBI/SIT now attached to SIT Manipur.

Accused Md Anwar Hussain filed a petition on June 2 stating that he is presently serving as Sub Inspector of Manipur Police The applicant's counsel submitted that since the cognizance was taken up without the prosecution sanction by CJM Imphal East, the whole proceeding should be set aside/dropped and the accused should be discharged Citing the Supreme Court of India, the counsel contended that taking cognizance without prosecution sanction which is laid down under section 17 of CrPC is not maintainable and is liable to be set aside.

The counsel then prayed the Court to set aside the cognizance order of CJM Imphal East and discharge the accused/applicant.

The Court, after going through the case records and relevant laws cited by the applicant's counsel and the Special CBI PP, ruled that the charges levelled against the accused/applicant are under section 120-B, 302/201 and 34 IPC and the said offence are exclusively triable by the Court.

The Court of Special Judge CBI/SIT Imphal East concluded that the cognizance taken by the Chief Judicial Magistrate, Imphal East on December 5 last year and further proceedings for committing the case to the Session Court are termed as "passive role" as per the ratio laid down by the Supreme court of India.

Therefore CJM Imphal East had not committed any illegality or error in taking cognizance of the offence charges without prosecution sanction on December 5 last year.

Later, the Court dismissed the accused's petition pointing out that it is devoid of merit.

It may be mentioned that CBI/ SIT had registered a case for investigation in October last year as per the directive of Supreme Court of India in the alleged fake encounter killing of Soram Ranjit alias Rojit s/o Kamini of Kangpokpi Bazar on February 16, 2008 night at Hatta Golapati under Porompat Police Station.

The deceased was then studying in class XII at Kangpokpi Elite School.

After completion of due investigation, a charge sheet was submitted against then Head Constable Md Shaukat Ali s/o (L) Iboton of Sangaiyumpham Part II, then Constable Thiyam Brojen of Nambol Thiyam Leikai, then Constable Md Wahajuddin Khan of Lilong and then Constable Md Anwar Hussain of Lilong Turel Ahanbi.

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