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Judgment
M.V. Muralidaran, J
[1] Heard Mr. Pavan Kumar Rao, learned counsel appearing for the petitioner and Mr. Shyam Sharma, learned GA for the State respondents.
[2] When the matter came on 05.04.2023, after hearing the arguments of either parties, this Court directed Mr. Shyam Sharma, learned GA to verify with the respondent No.3 & 5 whether any FIR has been registered against this petitioner or not and accordingly, the matter was directed to be posted today.
[3] When the matter is taken up today, Mr. Pavan Kumar Rao, learned counsel appearing for the petitioner argued further along with the relevant documents and prayed this Court that the writ petition may be admitted and interim order may be granted.
[4] Mr. Shyam Sharma, learned GA for the State respondent produced a letter dated 05.04.2023 sent by Superintendent of Police, Senapati District Manipur to him which read as follows:
“OFFICE OF THE SUPERINTENDENT OF POLICE,
SENAPATI DISTRICT
Senapati, the 5th April 2023.
To
The Deputy Government Advocate,
(High Court) Manipur.
Subject: WP (C) No. 307 of 2023
Mr. Ramu Kalluri
-Vs-
The State of Manipur & Ors.
Ref: Letter No. 208/41/2023-GA (HC)/701 dated
5/4/2023
Sir,
With reference to the above mentioned subject, it is submitted that, an FIR Case under FIR No. 11 (12) 2022 MRM-PS U/S 365/325/34 IPC dated 30/12/2022 is registered at Maram PS, Senapati District.
During the course of investigation, it is established that the motive of crime was related with non-payment for work done on NH-129A . The statements of contractors involved in the execution of road works of NH-129A were recorded. Mr. Ramu Kalluri, MD, M/S RAAM Infratech India Pvt. Ltd was also summoned by officer-in-charge, Maram PS in connection with the same FIR.
Submitted for kind perusal and further necessary action please.
Yours faithfully,
(Karthik Malladi, IPS)
Superintendent of Police,
Senapati District, Manipur.
e-mail: [email protected]
Superintendent of Police
Senapati District, Manipur
Senapati, the 5th April”
[5] On producing the said letter dated 05.04.2023, he represented that the FIR has been registered against the petitioner. Therefore, he may be directed to approach Court concerned Court for appropriate relief
[6] The learned counsel appearing for the petitioner represented that it is admitted fact that in the letter it is mentioned that the FIR No.11(12)2022 MRM-PS U/S 365/325/34 IPC has been registered but no mentioning out whether the FIR has been registered against this petitioner or not and no particulars who are all the accused in that FIR.
[7] Apart from this, the respondents have not produced the copy of the FIR before this Court but in the said letter it is mentioned that Ramu Kalluri who is the petitioner herein was also summoned by officer-In-charge, Maram PS in connection with the same FIR. Therefore, it is made clear that the petitioner was not shown as an accused in the FIR. Therefore, the learned counsel appearing for the petitioner prayed this Court to grant an interim order seeking for the protection since the petitioner is physically handicapped and he could not move from one place to another without the help of others.
[8] Considering the nature of arguments advanced by both the parties, though it is made clear that the respondent has registered the FIR on the file of the respondent police, the copy of the same has not been produced before this Court and there is no particulars about whether this petitioner is accused in this case or not. Apart from this in the said letter dated 05.04.2023, the petitioner herein was also summoned by officer-In-charge, Maram PS in connection with the same FIR. Therefore considering the arguments advanced by both the parties, and also the petitioner’s representation that the petitioner is physically handicapped person and unable to move from one place to another, this Court is inclined to admit this writ petition and grant interim order.
[9] Therefore, this writ petition is admitted.
[10] Since Mr. Shyam Sharma, learned GA takes notice for all the respondents, no formal notice is required.
[11] Registry is directed to print the name of Mr. Shyam Sharma, learned GA in the cause list.
[12] Post this matter on 23.5.2023.
[13] Till such time there shall be an order of interim stay of all further proceedings in Entry No. 4/MRM-PS/2022, in relation to the alleged Civil Disputes (alleged Non-payment of Bills under contract) arising out of Joint Venture in which the Petitioner’s Company is a Joint Venture Partner.