Salam Robindro Singh vs Officer-in-Charge

When the matter came on 22.12.2020, I heard the learned counsel for the petitioner raising a question that how the petition has been numbered as

Crl.Misc.Case instead of Criminal Petition.

[2] Therefore, on hearing the learned counsel for the petitioner, I directed the Registry to file a report by clarifying the same how the Registry has

numbered this petition as Crl.Misc.Case instead of Criminal Petition. Accordingly, I passed the following order:-

“The petitioner has filed this petition in Crl.M.C. No.15 of 2020 under Section 482 for quashing the FIR registered against the Petitioner under FIR

No.52(09) 2020 APS U/s 147/148/188/34 added 505(b) of IPC on the file of the Respondent Police. But unfortunately, the petition has been numbered

as Crl.Misc.Case. No.15 of 2020 instead of Criminal Petition.

Therefore, Registry is directed to file a report by clarifying the same how the Registry has numbered this petition as Crl.Misc.Case instead of Criminal

Petition.

Mr. H. Samarjit, Ld. PP representing Mr. Kh. Athouba, Ld. PP represented that he is going to file his objection and for that, he seeks time.

Post the matter on 11.01.2021.

Issue copy of this order to Registrar Judicial and both the counsels through their whatsapp/e-mail.â€​ and posted the matter today, i.e., on 11.01.2021.

[3] When the matter is taken up today, a report has been filed by the Registrar Judicial of this Court which reads as follows:-

“HON’BLE MR. JUSTICE MV MURALIDARAN

Sub: Report clarifying why the Registry has numbered the present case as Cril. M.C.

Ref: Order dt. 22.12.2020 passed in Cril. M.C. No.15 of 2020

The last order dt. 22.12.2020 of the Hon’ble High Court has directed the Registry to file a report to clarify how the Registry has numbered this

petition as “Cril.Misc.Caseâ€​ instead of “Criminal Petitionâ€​.

In this regard, I have talked to the Stamp Reporter who is in charge of Filing Section. The following facts, relevant to the question, are reported by

him, which I have also verified with the High Court Rules-

The present case is filed under S. 482 of Cr.P.C. for quashing of FIR. As per Appendix -24 (Uniform Nomenclature of Cases) of the High Court of

Manipur Rules, 2019, the following contents are found at page 421 as regard Criminal Proceedings:

(B) CRIMINAL PROCEEDINGS

Cril. Tr. Original Trial

Cril. A. Appeal against Judgment/Sentence

Death Sentence Ref: Confirmation case under S. 336 Cr.P.C.

Cril. Rev. P. Revision

Cr. Ref. Reference

Cril. M.C. Application under Section 482 Cr.P.C.

Bail Appln Bail Application

Cril. M. Appl.

W.P. (Cril)

Cont. Cas(Cril)

Cont. App. (Crl).

Cril. L.P. Section 378

Tr.P.(Crl.)

CAVT. Caveat

Also Appendix 23 [List of no.417, Sl. 170 as follow:

Cril.M.C.

Other Miscellaneous Application Petitioner under Art. 226 for Writ and Habeas Corpus and other relief Proceedings relating to Criminal Contempt

Appeals against order in Criminal Contempt matters

Application for leave to appeal under Cr.P.C. or under the relevant Corresponding proceeding.

Transfer Petition for transferring a Criminal Proceeding. case types (old and new)] mentions at page

Application under Section 482 Cr.P.C.

In view of the above contents in Appendix 24 and Appendix 23 where the case type of an Application under Section 482 Cr.P.C. is given as Cril.

M.C., the Filing Section had registered the present petition as so instead of Criminal Petition.

Laid for kind perusal.

Registrar Judicial

[4] Even after the receipt of the report, this Court is having a doubt whether the petition which was filed under Section 482 Cr.P.C. should be

numbered as Cril. Misc.Case as per Para (B) Criminal Proceedings in Sl. No. 76 of the High Court of Manipur Rules, 2019 or Criminal Petition.

[5] Since this Court is having a doubt and wants to go into the details of the High Court of Manipur Rules, 2019 and to pass appropriate direction to the

Registry for clarifying the same. But in the meantime, the learned counsel for the petitioner represented before this Court that there is urgency in the

case and the Registry may be directed to number the case as Criminal Petition and take up for early hearing.

[6] In the above circumstances, I am inclined to consider the urgency of the petitioner’s case and direct the Registry to number the case as

Criminal Petition and list the same on 13.01.2021 for admission.

[7] Registry is directed to issue copy of this order to both the parties through their whatsapp/e-mail.