National Investigation Agency v. Chandan Tondon @ Santosh @ Shileiba @ German Singh
Court: High Court of Manipur
Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR JUSTICE A.GUNESHWAR SHARMA
Judgment date:
Case summary
High Court of Manipur judgment dated 2024-08-14. National Investigation Agency v. Chandan Tondon @ Santosh @ Shileiba @ German Singh. Read the judgment and...
Judgment text
DB Item No. 30 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(Crl. A. ) No. 40 of 2023 (Ref: Crl. A. No. 30 of 2023) National Investigation Agency. …Applicant - Versus - Chandan Tondon @ Santosh @ Shileiba @ German Singh. …Respondent B E F O R E HON’BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA O R D E R 14-08-2024 Siddhar th Mr idul (C. J. ), Mr. B. R. Sharma, learned CGSC, appears for the applicant and Mr. Th. Kunjaraj, learned counsel, appears for the respondent. The present application has been instituted on behalf of the NIA praying as follows:— “In view of the above stated facts, it is respectfully prayed that this Hon’ble Court be pleased to: 1. Condone the period from 11. 11. 2023 to 20. 12. 2023 in computing the prescribed period of 30 days, as provided under National Investigation Agency Act, 2008, in filing the accompanying Criminal Appeal and hear the matter on merit; 2.
Pass such further other or orders or directions which this Hon’ble Court deem fit and proper for the ends of justice. ” MC(Cril. A. ) No. 40 of 2023 Page 1 of 2 Learned counsel appearing on behalf of the respondent states that he does not wish to file an affidavit-in-opposition to the present application and does not oppose the limited relief prayed for therein. Having heard learned counsel appearing on behalf of the parties and in terms of the decision of the Hon’ble Supreme Court in State (NCT of DELHI) Vs. Ahmed Jaan, reported as (2008) 14 SCC 582 and in particular paragraph 13 thereof; as well as the decision of the 3(three) Judge Bench of the Hon’ble Supreme Court in State of Manipur & Ors. Vs.
Koting Lamkang, reported as (2019) 10 SCC 408 and in particular paragraph 8 thereof; since the proceedings instituted on behalf of the State are not personal to its officers and the paramount consideration is that institutional interest ought not to suffer by resorting to technicalities of delay to defeat hearing on merits; the delay caused in filing the accompanying criminal appeal i. e. from 11. 11. 2023 to 20. 12. 2023 in computing the prescribed period of 30 days is condoned. Accordingly, the present application is allowed and disposed of. Registry is directed to number the criminal appeal, if it is otherwise found to be in order and list the same for admission on 10-09-2024. JUDGE CHIEF JUSTICE Victor ia Digitally signed NINGOM by NINGOMBAM BAM VICTORIA Date: 2024. 08. 20 VICTORIA14:45:42 +05'30' MC(Cril. A. ) No. 40 of 2023 Page 2 of 2
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